Madrid leads requirements with 13.064 since its entry into operation
The courts of first instance specialized in disputes relating to unfair terms in mortgage —known as clauses of soil— received 57.068 demands in first three months since its creation last June, according to data provided yesterday by General Council of Judicial Power (CGPJ).
- The unions claim that court is enabled to clauses ground “is born saturated with”
- How an sme can recover clauses ground
- Open specialized courts in clauses ground in midst of doubts about its effectiveness
During this time, between 1st of June and 8th of September, court more lawsuits entered is that of Madrid, with 13.064. This is followed by Barcelona, with 4.644; and of Seville, with 2.946. In specialized courts of or provinces like Malaga or Valencia, re have been more than 2,000 claims. This cataract of demands is getting into trouble se courts, which have scarce resources.
Some of courts have already issued ir first sentences, for moment, contrary to financial institutions. The court of Madrid held its first preliminary hearing on 27th of July and has provided almost 1,800 more until November.
These specialized courts were created through emergency plan approved by General Council of Judicial Power (CGPJ) last June before predictable increase of litigation as a result of judgment of Court of Justice of European Union (CJEU) of 21 December 2016.
This sentence determines that Spanish financial institutions will be required to return in full money charged by application of clauses ground in mortgages that make it difficult for customers to benefit from discounts of interest rates retroactively. Thus, CGPJ decided to specialize courts of first instance in cases concerning, among ors, clauses soil, early maturity, interest reon, expenses of formalization of mortgage or mortgages multi-currency.
Currently, re are 52 specialized courts, one for each province. Each of main islands of archipelagos of canary and balearic islands also have one. For its part, union CSIF has denounced collapse and great burden of work of employees of se courts, claiming that “template must be reap” to provide an outlet for demands.