Wednesday, September 27

The floor clause courts agreed with the consumer in 97% of the cases in 2021

The courts specializing in floor clauses continue to rule in favor of consumers in the vast majority of their sentences. Data from the General Council of the Judiciary (CGPJ) reveals that these courts issued almost 124,000 sentences throughout 2021 and that 97.8% of the resolutions were favorable to consumers. The statistics reveal that both the trend to agree with consumers in these lawsuits since the creation of the specialized court plan in 2017, as well as the higher rate of resolution of cases, has been maintained. Procedures pending resolution have fallen by more than 11% compared to 2020, although the number of new lawsuits has grown slightly.

Why floor clause courts are not the solution

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The Council’s plan was launched in June 2017 with more than fifty courts specialized in litigation on abusive clauses, especially floor clauses in mortgages. Half a year earlier, the Court of Justice of the European Union had established that the bank had to return all the money overcharged by these clauses in cases of abusive behavior with respect to the client. The Government launched a Royal Decree-law to seek to resolve most conflicts before reaching the courts, but the Supreme Court added that the ruling was retroactive and that it also had to return the money in cases prior to 2013 .

According to data made public this Tuesday by the governing body of the judges, from 2017 to 2021 these courts have entered more than 713,000 cases and have already resolved more than 501,000 in sentences, more than 95% favorable to clients. The resolution rate has increased drastically, going from 103.7% in 2020 to 123% in 2021. Over the past year, the courts resolved 123,938 cases, of which 121,211 were favorable to the clients. This means that from 2017 to date these courts have resolved more than 420,000 cases.

After a year of pandemic, the number of resolved cases increased by 27% in 2021. The number of cases resolved through final orders and also decrees also grew by 13.5%, used for example when one of the parties renounces go ahead with the procedure.

The number of floor clause cases resolved in favor of clients in this type of court has remained stable since its creation in mid-2017. 2020 dataAlthough affected by the pandemic and how it conditioned judicial activity for months, they also left a favorable resolution for the client above 97% of the total.