The Las Palmas Court has notified the first two known judgments declaring abusive mortgage expenses derived from contracts with null clauses. The court confirms that the bank cannot charge the client with notary fees, appraisal fees, registrar's fees, as well as the controversial opening fee; it only has to pay the Tax on Property Transfers and Documented Legal Acts.
First sentences
In the first case, arising from an appeal filed by an individual against the ruling that rejected his request for annulment in the application of the soil clause, the Chamber, made up of the judges María Elena Corral Losada, Jesús Ángel Suárez Ramos (rapporteur) and Margarita Hidalgo Bilbao, has observed the doctrine laid down by the ruling of the European Court of Justice on 9 July: the bank did not provide the customer, prior to signing the contract, with all the necessary information on the benefits or disadvantages of this clause.
In the second case, the Chamber, made up of judges Juan José Cobo Plana, María Elena Corral Losada and Jesús Ángel Suárez Ramos (rapporteur), applied the very recent ruling of the Court in Luxembourg on Thursday 16 July and, in a ruling handed down on 21 July, confirmed that the opening fee and the expense clause (which charges the client the fees of the notary, the property registrar and the appraiser) were "abusive". Read more
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