News

REAL ESTATE, NEXUS GROUP, INFORMA

The Plenary of the First Chamber of the Supreme Court has decided to raise a preliminary ruling before the Court of Justice of the European Union (CJEU) on the beginning of the limitation period of the action for restitution of the amounts paid by the consumer as a result of a null clause on mortgage expenses.

When the parties in dispute were consulted by the Chamber about the advisability of carrying out the consultation, the plaintiff and appellant argued that they considered the submission of the petition appropriate.

Regarding its content, the plaintiff argued that according to the previous jurisprudence of the CJEU it is clear that the initial day of the limitation period cannot be the day of the conclusion of the mortgage loan contract, so the ECJ should be consulted if the term of Prescription of the action for restitution of amounts unduly paid for expenses is the one in which there has been evidence of the abusiveness of the clause by means of its declaration of nullity; or in the opposite case, if said day can coincide with any of the dates of the sentences in which the Supreme Court has declared the abusiveness of this type of clauses.

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