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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll