Mortgage expenses: The CJEU, against the fact that the term until the prescription to claim the mortgage expenses starts when it was signed

The Court of Justice of the European Union (CJEU) has ruled on the prescription to claim mortgage expenses and has left without arguments those bodies of Justice that consider that this is initiated from the moment the loan was signed. Specifically, the judgment establishes that said criterion contravenes Directive 93/13 applied, among others, by the Provincial Court of Ávila, Barcelona and A Coruña.

The CJEU thus returns to position itself on the side of consumers. The Judgment of July 9, 2019 issued by the same European Court already stated that even when the loan was canceled could not deprive himself of that right to be claimed by the client.

“The principle of effectiveness must be interpreted in the sense that it is opposed to a national regulation that establishes that the action brought by a consumer in order to obtain the restitution of sums unduly paid to fulfill a credit contract (…) is subject to a period of three-year prescription that begins to run from the date on which the unjust enrichment occurred “, the letter recalls.

The legal expert of the law firm, Almudena Velazquez, considers that “this judgment from Europe is very good news for all those affected by the costs of formalizing mortgage loans.”

In addition, Velázquez has considered that “the restitution of the amounts for the expenses unduly paid when formalizing the mortgage loan could never be understood prescribed because the period of 15 years (now five according to the Civil Code, and ten, according to the Catalan Civil Code) has elapsed since the loan was signed, “she pointed out. For this reason, the jurist considers that” in any case, the term should be counted from said declaration of nullity “.



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