The limitation period for claiming mortgage costs starts from the moment the abuse clause is declared null and void.

The Court of Justice of the European Union (CJEU) ruled on Thursday that the limitation period for claiming mortgage payments If the contract clause turns out to be abusive, it should count from the moment that there is a definitive ruling on that declare that clause null and void. Furthermore, the CJEU clarifies that European law precludes determining the moment of payment of costs as the start of the limitation period.

Consequently, it is “in principle, from that date, able to effectively enforce the rights conferred on it by the (European Unfair Contract Terms) Directive, and therefore from that date it can start carrying out its activities.” the limitation period of the restitution claim,” the court said.

Various rulings ratified by the Supreme Court stipulate that the management, valuation and registration costs in their entirety, as well as 50% of the notary costs, must be borne by the banking entity that provides the mortgage loan. In this context, several financial entities claim that the deadline for filing a claim expired on January 22, five years after the Supreme Court annulled the clauses. However, consumer organizations state that the deadline has not yet passed.

The court ruled on this in two sentences at the request of the Supreme Courton the one hand, from an investigative court in Barcelona, ​​​​on the other hand, on two cases of consumers who claimed reimbursement from Banco Santander and Caixabank respectively of the opening costs of the mortgage after the contractual clauses in this regard were declared unlawful and annulled.

In both cases The entities claimed that the period to apply for them, aged fifteen and ten respectively, had expired as it started running at the time they were paid (1999 and 2007) and in the first case the provincial court of Barcelona ruled in favor of the entity, so consumers appealed to the Supreme Court.