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The Provincial Court of Cuenca has ratified on appeal a judgment obtained by ADICAE condemning Banco de Castilla La Mancha to eliminate ground clauses 27 "abusive" and return the affected wrongly paid, plus legal interest.

The judge uses the same arguments that the Supreme Court in its judgment of 9 May, but concludes that if these clauses void ground, it must return the money to those affected.

This statement joins those already won by ADICAE following the judgment of the Supreme.

ADICAE has won a new legal victory in its fight against abusive clauses floor.

This time it is a judgment on appeal by the Audiencia Provincial de Cuenca, which approves the sentence ADICAE achieved by the Court of First Instance and Instruction 2 Basin in late 2012, in which he condemns Bank Castilla La Mancha to cancel and return the money collected over 27 ground clauses.

In its judgment the Court analyzes the Supreme Court's judgment on May 9, in which the High Court had condemned BBVA, Novagalicia Bank and CajaMar Ruralcaja clauses eliminate their ground, but not to refund the money collected over the affected.

And the Audiencia Provincial de Cuenca comes to a very different conclusion: if a clause is void it is ground from the start and, therefore, Banco de Castilla La Mancha must return the overcharged money from that loan was formalized, adding the legal interest.

Those affected included clauses in this sentence had floor between 2'95% and 4'50%, with a maximum rate of 11% always.

Only there was a contract in which the affected negotiated a clause downgrade ground, getting it, but also proceeded to disposal as the invalidity of the clause in the first contract automatically becomes null and void the second contract signed by the affected.

The Court further explained that the clauses were drafted unilaterally by the party "before the conclusion of the contract phase, with a total absence of individual negotiation, and finally, were imposed by the bank, which is the exclusion of the principle of autonomy of the will in determining the content of the contract. "

For a ground clause is considered illegal there should be reciprocity between the 'floor' and 'ceiling', which is recognized in the statement, explaining that "includes constraints, both the minimum and maximum, whose lack of proportionality has not been adequately justified (...) subject clauses are absolutely disproportionate ".

Fourth sentence obliged to return the money after the judgment of the Supreme

From the May 9 and has won four ADICAE judgments in which several judges have forced Cajamar Ipar Kutxa, Unicaja and now Banco de Castilla La Mancha to return the money overcharged for each bank to the plaintiffs.

Especially significant was the judgment against Unicaja by the Commercial Court in February of Malaga, where soil was considered such clauses as general recruitment status not having been previously negotiated with the consumer, thus producing a serious imbalance and a huge consumer harm.

With this new legal victory and are almost 150 ground clauses removed using grouped demands that ADICAE is presenting in Spain, after successes in trials CajaMar, Banco Mare Nostrum, Extremadura Savings Bank, Banco de Castilla La Mancha, Caja Segovia, Ipar Kutxa and Unicaja.

Thus the siege on the ground continues to narrow clauses so ADICAE, which has claimed almost the entire Spanish banking on a macrodemanda which comprises more than 15,000 consumers, continues to require political parties and parliamentary groups governing these clauses and abusiveness, as proven by many courts, preventing abuse that affects 4 million mortgages in Spain.

.

In this regard, the Bank of Spain and the Ministry of Economy should take up the matter and force the banks to remove and return the money improperly overcharged all concerned.

Source: ADICAE