EC opens infringement proceedings to Spain by legislation on evictions – Investing.com Spain

MADRID (Reuters) – The European Commission announced Thursday the opening of an infringement procedure against Spain by the law governing forced evictions and payment orders, adding more pressure on standards Spanish mortgage and relations between banks and consumers.

In a note, the European Commission said its action is intended to ensure that consumers are fully protected against unfair contract terms and that they are not bound by them if the contract has not been negotiated individually.

Spain modified its mortgage regulations in 2013, but the Commission still considers that some aspects are against the EU directive.

“in particular, there is a lack of effective legal remedies against forced sales of homes in civil procedural law and the protective effect of European consumer legislation has been limited by Spanish law which concerns only future situations, “the Commission said in a note.

the sector is also pending the decision of the Court of Justice of the European Union on known as ground clauses, which have been declared void to be considered transparent.

the Spanish courts have said that the bank must return the money overpaid for the mortgaged clauses soil until May 2013, when the Supreme Court ruling declared them abusive, but retroactivity could be extended until 2009 depending on the judgment of Community court.

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