Cajamar, BBVA and Popular were sentenced by the Supreme Court Ruling of May 9, 2013 to return what was overpaid by Floor clause to their clients, but only from that date and that is the argument they use to now refuse to repay, following the ruling of the European Court, which establishes repayment from the beginning of the loan.
The argument of these entities consists of understanding that there is res judicata, that is, that they cannot be tried again for the same thing, and they understand that since the Supreme Court has already issued a ruling condemning them to pay since May 2013, now they cannot be judge again.
But it is our opinion that res judicata does not exist, and therefore, the banks must pay the entire amount improperly collected, from the beginning. And this is how the Courts are understanding it, there are already several rulings that reject res judicata, and condemn said banks to pay the total amount of what was unduly collected in application of the floor clauses, without any time limitation, applying the ruling of the European Court .
At ACC LEGAL ABOGADOS we have extensive experience defending consumer rights against banks. Request a no-obligation appointment to find out more at 868 97 56 50.
