The Court offers the parties a period of ten days for pleadings to rule on the desirability of submitting a number of preliminary questions to the European legal system
The legal journey of the macro-demand filed by Adicae against 101 banks and savings banks over the bottom clauses adds a new chapter after the Supreme Court, which was due to rule today on the return of money to those affected by this collective lawsuit, again has postponed his decision, having done the same a few days ago.
In the ruling published this Wednesday, the Supreme Court opens an additional 10-day period to raise a number of issues raised by the parties to the Court of Justice of the European Union (CJEU). EU). So until the doctrine is known there will be no vote or verdict.
Specifically, there would be three questions to which the request for a preliminary ruling would relate. Firstly, on the compatibility “between the abstract control to be carried out in the context of a collective action for injunction and the detailed examination, typical of transparency control, of the information provided, in any case, to the consumer about the legal and economic burden that the floor clause can produce».
The second request addresses the difficulty identified in identifying the average consumer “when suing a large number of financial entities, with the consequential and relevant differences that may exist between the possible groups of consumers affected and affected subjects.” .”
Finally, the Supreme Court asks Europe to rule on the doctrine that regulates “the possibility of adding a reparative action to a collective action for cessation, which is one of the elements that distinguishes the actions brought in this case from the action which gave rise to the STS 241/2013, of 9 May».
The Supreme Court decision delays one of the most anticipated rulings from those affected by these kinds of abuse provisions. Especially to put an end to years of judicial ups and downs, as the CJEU recently laid the foundations itself so that those involved can claim all the money they overpaid for these clauses, even if they already have final judgments had only the repayment of part of those amounts, as dictated at the time by the Spanish doctrine at the time, with 2013 being the date on which restitution could be claimed.
According to the experts, this last judicial part will only ratify practically all resolutions that have already been published. But it will also reactivate the capacity to unblock the 225,611 lawsuits that, according to data from the General Council for the Judiciary (CGPJ), are currently pending resolution, excluding those who have not yet claimed or received the return of the between 2,000 and 3,000 euros per year to be paid to those affected, data from Adicae shows. In fact, the association estimates that there are about two million mortgage holders who have not yet claimed these clauses.
Source: La Verdad
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
