European justice declares that the right to claim mortgage expenses has not expired

In a recent verdict, the Court of Justice of the European Union (CJEU) came to a ruling about the existing doubts regarding the beginning of the prescription period for mortgage claims by consumers.

Different judgements regarding the beginning of the prescription period

Over the last few years, some courts considered that the prescription period should start counting from the date the loan was taken or from the year 2019, when the Supreme Court declared that the mortgage expense clauses were abusive.

The rest of the courts considered that the period should not start counting until there was a ruling declaring that the specific clause in each contract was abusive and, therefore, null.

The European Justice’s decision

The CJEU has established that it is not in accordance with or respectful of EU law to set the start of the prescription period on the date of constitution of the loan or on the date of the issuance of certain rulings by the Supreme Court. And so, the court decided that the judgement stating there must be a specific ruling for each case, the most beneficial for consumer rights, should be honoured.

Consequences derived from the sentence

This means that practically all consumers are in a position to claim a refund plus interest for the notary, property registry, agency and appraisal expenses, paid in application of an abusive clause, regardless of the year in which the mortgage loan was signed.

Nieto Jones can claim your mortgage expenses

If you would like us to claim the mortgage expenses on your behalf, contact us by calling 610632963 or by email at contact@nietojones.com and we will be happy to review your case.