Girona, April 13, 2023.
The Court of Justice of the EU ruled in March that this commission may constitute an unfair term
The Girona Court has recently notified a pioneering judgment that affects all mortgages signed in the province, the first to include the recent doctrine of the Court of Justice of the European Union (CJEU). “It affects everyone who has a mortgage and is related to the commission for opening: almost all mortgages charge a commission for opening,” says the lawyer Lluís Ferrer, who has successfully handled a case along these lines. of lawyers Repara tu Deuda, a benchmark in Banking law, has seen in recent days a huge and massive flood of contacts from mortgage owners who want to recover the money they have improperly paid as a result of the opening commission, says Alicia García, CEO of Repair your Debt. On March 16, the CJEU ruled that the commission for opening a mortgage is not part of the main object of the contract and, therefore, it can be analyzed if it constituted an abusive clause, contrary to what is stipulated in the jurisprudence Spanish. In this sense, a week ago it was confirmed that this ruling was applicable to the Girona demarcation, a remarkable fact because, without going any further, there has still been no ruling relating to places like Madrid or Barcelona.”It is an important ruling because the Court The European Union, in March, resolved that this opening commission could be abusive and, from then on, everyone was expecting how the Spanish courts would react. And one of the first to do so was that of Girona”. This is the case of a client who, as the Court of Girona has ruled, has been the victim of a commission for abusive opening. “It is abusive because there is no reason why this commission has to be charged, taking into account that the bank already charges interest, which is a lot. The opening commission is an invention that the bank creates to charge consumers more , and both the European Court and the Girona Provincial Court say that it is totally impertinent and abusive”, adds the lawyer, who continues: “Among other things, the Girona Court and the European Court say that if the bank charges something, it has to justify that it provides some service, a fact that does not happen with the opening commission, which the bank cannot justify”. , and after the appeal filed, it also received the acceptance of the Provincial Court of Girona. The commissions for opening can have different costs that oscillate between 300 and 4,000 euros, despite the fact that the most frequent are those that have a value between 600 and 1,000 euros. This ruling opens a new dimension, as highlighted by professionals in the sector . One case is, for example, that of Repara tu Deuda, a leading law firm in the application of the Second Chance Law and with a wide range of clients affected by mortgage clauses, which considers that “the possibility of rescuing and collecting lots of money from thousands of people. It is the first Spanish law firm to apply the approved Second Chance Law, which allows debts contracted with banks, credit institutions and third parties to be cancelled.
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