The Basque Association of Consumers and Users describes the CJEU ruling as “very important” because, among other things, it excludes the ten-year limitation period from starting to count from the payment of the aforementioned costs.
EC | EITB media
The Association of Basque Consumers and Users (EKA/ACUV) has rejected the ruling of the Court of Justice of the European Union (CJEU) on the mortgage costs of “very important” and how “a first step” when it comes to the recognition of the rights of consumers when claiming reimbursement of incorrectly charged costs.
According to his interpretation, carried out “with all caution”, no claim would be barred, as the ruling would indicate that the deadline for filing a claim would apply as soon as the nullity of the clause is known (the Supreme Court’s ruling dates from January 2019). So it encourages consumers to do the same continue filing claims.
The European Supreme Court was expected to determine when the deadline for filing a claim would expire, albeit definitively did not comment on specific dates, and limited itself to the comment that Spanish case law limiting the period (ten years) for declaring mortgage payments is contrary to European law. The court in Luxembourg understands that it must give the consumer “materially sufficient time” to know his rights and prepare the claim.
For example, the consumer association points out that the ruling only responded to the preliminary questions from the Provincial Court of Barcelona, and that those from the Supreme Court are still awaiting clarification. It is unknown when the CJEU will rule on these latter requirements.
The CJEU ruling comes before EKA two conclusions “very important”. On the one hand, the beginning of the calculation of the limitation period cannot start at the moment when the payment of the costs has been made. On the other hand, the existence of case law cannot be used as proof that the requirement regarding the consumer’s knowledge of the unlawful nature of these terms and their legal consequences has been met.
Source: EITB
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