The Court of Justice of the European Union establishes this Thursday that consumers who have suffered abusive clauses in their mortgage loans can request compensation from the bank that exceeds the reimbursement of the monthly installments paid if the contract is cancelled.
However, in the event of annulment of a mortgage loan contract, Union Law does not prevent it from including abusive clauses, consumers request compensation from the bank that exceeds the reimbursement of the monthly installments paid, according to the ruling made post today. On the contrary, it opposes the bank making similar claims against consumers.
The Luxembourg-based court ruled in response to a preliminary question from a Polish court on the case of a consumer and his spouse who entered into a mortgage loan contract with Bank M in 2008, which was indexed in Swiss francs. (CHF) and the monthly installments must be paid in Polish zlotys (PLN), something considered abusive due to the conversion rate.
The bank will not be able to claim that compensation
In its ruling this Thursday, the Court of Justice considered that the possibility of a consumer claiming against the bank credits that exceed the reimbursement of the monthly installments paid in a loan with abusive clauses can also contribute to dissuading is a practice in the future.
And it is opposed to the bank being able to claim compensation from the consumer that exceeds the return of the transferred capital and the payment of default interest at the legal rate, since it would help to eliminate the dissuasive effect that the cancellation of said contract exerts on professionals. .