Post by account_disabled on Feb 21, 2024 20:28:04 GMT -8
The High Court points out in its resolution of May 29, of which Judge Pedro José Vela Torres was the rapporteur , that to analyze this commission it is necessary to see if it applies the criteria established in the ruling of the CJEU to carry out the control of abuse of the clause in which the opening commission is included.
Regarding national regulations, the transparency requirements of this commission are integrated into Law 5/2019 , of March 15, regulating mortgage credit .
The rule states that if an opening commission is agreed upon, it must be accrued only once and include all the expenses of studying, processing or granting the loan or other similar expenses inherent to the activity of the lender caused by the granting of the loan.
Furthermore, according to the CJEU, the consumer must understand to which service said cost corresponds and the price must not be disproportionate to the service to which it corresponds.
In the case analyzed by the Supreme Court, the bank charged the client an opening commission of 845 euros on a financing granted of 130,000 euros. The ruling understands that "it is not disproportionate", in that it represents 0.65% of the capital. "According to the statistics of the average cost of opening commissions in Spain accessible on the internet, said cost ranges between 0.25% and 1.5%," the court notes.
In the end, in that ruling "the Supreme Court Cayman Island WhatsApp Number makes a more restrictive interpretation for the consumer in favor of the financial institution and does not enter into a more detailed analysis than what the CJEU had advised in its ruling of March 16, 2023."
It is in this context, “as we see that there are many questions that remain in the air with this interpretation of the Supreme Court, it is advisable to ask a series of more specific questions to avoid leaving margins of interpretation . If you let them, the Supreme Court will interpret it,” says the lawyer.
In this regard, he points out that “we remind Court 8 of Donosti's abusive clauses how in paragraph 79 of the 2020 CJEU ruling, which established that some specific issues had to be submitted to analysis in the opening commission, there were there has been a price list or clearly define what elements make up the commission. "We asked him to refer the issues to the CJEU."
Regarding national regulations, the transparency requirements of this commission are integrated into Law 5/2019 , of March 15, regulating mortgage credit .
The rule states that if an opening commission is agreed upon, it must be accrued only once and include all the expenses of studying, processing or granting the loan or other similar expenses inherent to the activity of the lender caused by the granting of the loan.
Furthermore, according to the CJEU, the consumer must understand to which service said cost corresponds and the price must not be disproportionate to the service to which it corresponds.
In the case analyzed by the Supreme Court, the bank charged the client an opening commission of 845 euros on a financing granted of 130,000 euros. The ruling understands that "it is not disproportionate", in that it represents 0.65% of the capital. "According to the statistics of the average cost of opening commissions in Spain accessible on the internet, said cost ranges between 0.25% and 1.5%," the court notes.
In the end, in that ruling "the Supreme Court Cayman Island WhatsApp Number makes a more restrictive interpretation for the consumer in favor of the financial institution and does not enter into a more detailed analysis than what the CJEU had advised in its ruling of March 16, 2023."
It is in this context, “as we see that there are many questions that remain in the air with this interpretation of the Supreme Court, it is advisable to ask a series of more specific questions to avoid leaving margins of interpretation . If you let them, the Supreme Court will interpret it,” says the lawyer.
In this regard, he points out that “we remind Court 8 of Donosti's abusive clauses how in paragraph 79 of the 2020 CJEU ruling, which established that some specific issues had to be submitted to analysis in the opening commission, there were there has been a price list or clearly define what elements make up the commission. "We asked him to refer the issues to the CJEU."