Post by account_disabled on Feb 19, 2024 22:25:13 GMT -5
It will add to the collapse in the courts caused by the litigation arising from the Bankia case The ECB puts pressure on six banks to leave Catalonia Santander and BBVA are committed to distancing themselves from CaixaBank and not charging the second commission at ATMs What is hidden behind the 'war of the ATMs' Courts of Plaza de Castilla. Courts of Plaza de Castilla. Updatedhe Courts of First Instance are overwhelmed by the large number of lawsuits related to the Bankia case. Fewer and fewer new complaints are coming in, but the congestion could continue. There will be a new avalanche of lawsuits if the European Court of Justice considers that compensation for the abuse of floor clauses is retroactive. The Supreme Court declared, in .
That if in a judicial process it was determined that a floor clause was abusive , the bank must refund the amount collected. However, it specified that this doctrine would only affect sentences handed down after that date. There clauses declared contrary before would not be considered null and void Middle East Mobile Number List with retroactive effect. This meant that a large number of those affected by mortgage floor clauses, whose court ruling came before the Supreme Court's ruling, were not compensated . This resolution of the High Court was harshly criticized by the European Commission and reached the Luxembourg Court of Justice . The community institution must now decide whether the floor clauses declared void before the Supreme Court ruling also have retroactive effects .
Fear of an avalanche of lawsuits Several First Instance judges have confirmed to El Confidencial Digital that, if the European Court of Justice confirms this retroactivity, they will suffer a new avalanche of complaints . Something very similar to what happened with Bankia . This situation would cause, they affirm, “ a lot more work ” and “ a new collapse of the Administration of Justice like the one we suffer now.” The vast majority of current cases that are being heard in the Courts of First Instance deal with those affected by Bankia. The dates of the hearings even extend to June 2016 . However, a few months ago judges began to notice a slight decrease in the entry of new complaints. The end of work overload seemed imminent. Now they fear the worst. “If the European Court of Justice agrees with those affected,” says a judge, “it will take us a while to get out of this situation of administrative collapse .”
