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REAL ESTATE, NEXUS GROUP, INFORMS:

On the one hand, the speaker, Judge Pedro José Vela Torres, highlights that the initial day of the statute of limitations could be considered that of the sentence declaring the nullity of the clause. However, the magistrate warns that this solution may be contrary to the principle of legal certainty, which is one of the principles of the EU legal system.

In this regard, the magistrate assures that, in practice, this option converts the restitution action into imprescriptible, since the limitation period cannot begin until an action (that of nullity) that is imprescriptible in the Internal law, as it is an absolute nullity.

In addition, he indicates that the principle of legal certainty could be seriously compromised if it were to give rise to claims related to contracts consummated and terminated for decades.

And as a second option, it is proposed that the initial day be the date of the Supreme Court judgments that established jurisprudential doctrine on restorative effects (judgments of January 23, 2019) or the date of the CJEU judgments that declared that the restitution action could be subject to a limitation period (SSTJUE of July 9, 2020, Raiffeisen Bank SA, or of July 16, 2020, CaixaBank SA).

However, the rapporteur, Judge Vela Torres, warns that this criterion raises the problem that it may be contrary to the principle of effectiveness, since it is doubtful that an average consumer, reasonably attentive and insightful, can be aware of the jurisprudence of the Supreme Court or of the CJEU on the matter.

The doubts of compatibility with European Union law raised by both options justify for the Chamber to raise the question for a preliminary ruling.

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