THE COURT OF JUSTICE OF THE EUROPEAN UNION OPENS THE DOOR TO THE RETURN OF THE OPENING COMMITTEE TO CONSUMERS
The Court of Justice of the European Union (CJEU) has recently issued a ruling on the costs involved in setting up a mortgage (Registry, notary’s office, agency, etc.).
This ruling joins many previous rulings on land and personal income tax clauses, among others.
The Court considers that the opening commission (single payment commission charged by the financial entity when granting the loan), may become abusive if the bank cannot prove that this clause corresponds to services actually rendered and expenses incurred. This decision modifies the previous criterion established by the Spanish Supreme Court which understood that such proof was not necessary and was not subject to review as it was part of the price, opening the door to thousands of consumers to claim such banking abuse.
If you need legal advice on this or any other legal matter, our team of Sánchez Solicitors has specialist lawyers who will assist you without any obligation.
