A court in GAVÀ ruled in favour of a company in Barcelona against Banco Sabadell, annulling an interest rate limitation clause in its mortgage loan and sentencing the entity to repay the excess payment due to the application of this clause.
The novelty of this ruling lies in the fact that although Embalajes Mendoza is not considered a consumer, it understands that it is possible to declare the ground clause null and void.
The resolution mainly affects the profile of the party acting, concluding that until now this company had no experience in mortgage loans with a minimum interest clause like the one in this contract.
This is a precedent-setting ruling that opens up the possibility for other companies to claim the nullity of the ground clause of their mortgage loans, applying the provisions contained in the law on general terms and conditions of contract. Read more
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