header-logo header-logo

17 August 2016 / León Fernando Del Canto
Issue: 7717 / Categories: Features , EU , Property
printer mail-detail

Holiday hell

nlj_7717_delcanto

An unexpected European decision is bad news for Spanish holiday homeowners, says León Fernando Del Canto

  • Advocate General’s opinion that the temporal limit on the effects of the invalidity of “floor” clauses included in mortgage loan agreements in Spain is compatible with EU law is bad news for Spanish homeowners.

On 13 July the Advocate General gave a surprising opinion that the temporal limit on the effects of the invalidity of “floor” clauses included in mortgage loan agreements in Spain is compatible with EU law (see the Joint Cases of C-154/15 Francisco Gutiérrez Naranjo v Cajasur Banco S.A.U., C-307/15 Ana María Palacios Martínez v Banco Bilbao Vizcaya Argentaria SA and C-308/15 Banco Popular Español SA v Emilio Irles López and Teresa Torres Andreu).

These clauses, which were used by the majority of banks in Spain, control the amount of interest being paid on a mortgage. This means that if the interest rate falls below the “floor”, as defined in the agreement, the consumer must still pay the set interest

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll