This is what the Barcelona Provincial Court has ruled in a recent judgement, in which it condemns the bank to assume the total costs of a lawsuit, despite the fact that part of the consumer's requests were rejected. The aim of this criterion, the Court reasons, is to avoid a dissuasive effect on other affected parties to go to court.
According to the ruling, the consumer sued Caixabank, requesting the nullity of the mortgage expenses clause that he had signed on the grounds that it was abusive, a petition that a judge partially upheld and ordered the bank to pay some amounts and not others. As the claim was partially upheld, there was no mention of costs.
The Barcelona Provincial Court corrected the court's ruling regarding the distribution of agency fees, but denied that the bank should also assume the Stamp Duty, half of the modification deed fees, and the total cancellation fees, which are borne by the borrower.
On the other hand, it considered that the bank should bear the costs in their entirety, it being immaterial that the petitions were only partially upheld. Read more.
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