FAVOURABLE JUDGMENT IN RELATION TO FLOOR CLAUSE

Our firm has obtained a favourable judgment in connection to a floor clause claim ruled by Court 1 bis of La Laguna (Tenerife), specialized in this matter. According to the Bar Association and the College of Procurators, this Court received approximately 4,000 claims within the first 6 months of its creation. The Bar Association estimated that around 200 judgments are released monthly.

The claim was presented in October 2017 asking to revoke the abusive floor clause that Caixabank (herein before CajaCanarias) had included in the loan. Previously the bank had denied to refund those sums in the extrajudicial matter. In November 2018 La Laguna 1 Bis Court, following the jurisprudence of European Court and Supreme Court, ruled that the amounts overpaid until the dated of the judgment and all those charged after that, must be refunded. In addition, regarding the mortgage loan expenses, considered that the one interested in the registration of the mortgage is the bank, hence the latter must pay those expenses.

To date we have many floor clause claims pending of resolution and whose decisions are forethought to be ruled at the end of 2019. It is estimated that more than 90% of the judgments are in favour of the customers.