The Court of Justice of the European Union (ECJ) has ruled against the banks and established that costs declared to be abusive and unduly charged to customers must be refunded, unless national law provides otherwise. Thus, with the exception of the Stamp Duty, the banks must refund the expenses derived from clauses that were declared abusive at the time.
The Court of Luxembourg has answered 15 questions submitted by a judge from Majorca and a judge from Ceuta, grouped into five main categories on the question.
The judgment underlines that, although this amount is part of the total to be paid of the loan, it is not a main or essential clause of the agreement, but an accessory one. Thus, as such, a national court may examine whether it is unfair, irrespective of the fact that Spain has not transposed Article 4(2) of the Directive, which governs the matter precisely. Read more
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