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17 August 2016 / León Fernando Del Canto
Issue: 7717 / Categories: Features , EU , Property
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Holiday hell

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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

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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