Ruling of the CJEU today, January 25, on the deadlines for claiming incorrectly charged mortgage costs

The Court of Justice of the European Union (CJEU) will decide on Thursday whether Spanish bank users are still allowed claim mortgage costs wrongly charged, as determined by the Supreme Court in 2019.

The Supreme Court must analyze a number of preliminary questions submitted by the Supreme Court itself and the Provincial Court of Barcelona regarding the lawsuit of entities such as Caixabank, BBVA, Banco Sabadell and Banco Santanderwho defend that the deadline for submitting claims has been exceeded expired on January 22, five years after the Supreme Court decision. However, other legal interpretations state that the claim period is still in effect.

The CJEU ruling will dispel citizens’ doubts about the limitation periods for claiming the amounts, which can amount to 1,500 euros. Various consumer associations defend that, in the worst case, the deadline dictates the period April 14, 2024, as the original date (January 22) would have to be added to the 82 days of the state of alarm declared by the pandemic, a period during which legal deadlines were suspended. Other interpretations point to it July 9 or 16, 2025.

On average, around 1,500 euros can be recovered

Various Supreme Court decisions have determined this management, valuation and registration costs in its entirety, as well as the fifty% of the expenses of notarymust be taken over by the banking entity providing the mortgage loan.

To the resulting amount we must add the interests legally valid from the date on which funds were provided to the bank’s management, which coincides with the date of signature of the public mortgage deed.