Clausula Suelo. Advocate General Agrees with the Supreme Court Spain

According to Advocate General Mengozzi, the temporal limit on the effects of the invalidity of ‘floor’ clauses included in mortgage loan agreements in Spain is compatible with EU law. We still need a sentence from the European Court of Justice but they usually follow these conclusions. Full information on the link of the Advocate below.

Advocate General Mengozzi,

Would like bring the footnotes of the conclusion to the attention of the reader.

NOTE: The Advocate General’s Opinion is not binding on the Court of Justice. It is the role of the Advocates
General to propose to the Court, in complete independence, a legal solution to the cases for which they are
responsible. The Judges of the Court are now beginning their deliberations in this case. Judgment will be
given at a later date”.

NOTE: A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes
which have been brought before them, to refer questions to the Court of Justice about the interpretation of
European Union law or the validity of a European Union act. The Court of Justice does not decide the
dispute itself. It is for the national court or tribunal to dispose of the case in accordance with the Court’s
decision, which is similarly binding on other national courts or tribunals before which a similar issue is
raised.

Important Update December 2016: The ECJ have sided with the consumer, claimants will now receive all the monies owed retrospectively.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.