Floor clause: Santander “litigates recklessly” by not addressing the prev...

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The Provincial Court of Barcelona has declared that Banco Santander litigates recklessly when, with the intention of delaying or avoiding making the payments that it is obliged to assume due to the nullity of a floor clause, it ignores the extrajudicial claims made by their clients, judicializes the return and deliberately delays the process. The ruling, of December 3, 2021, qualifies as “justified” the assessment of recklessness when imposing costs, “to the extent that the consumer made a claim more than a year before the filing of the lawsuit.

and did not get any response from the bank .” Background The plaintiff filed an ordinary lawsuit against Banco Santander requesting the nullity of the floor clause included in the mortgage loan contract signed in Phone Number Data March 2009 and novated in July of the same year. After the corresponding procedural steps, the Court of First Instance No. 50 of Barcelona fully upheld the claim , declared the nullity of the reference clause and ordered the banking entity to refund to the borrower the amounts unduly paid as a result of the improper payment. incorporation of the aforementioned stipulation. The Court imposed costs on the defendant after interpreting that it litigated recklessly.



In this sense, the ruling recognized that the aforementioned floor clause was a general condition and that it was not incorporated into the contract in a transparent manner because the borrowers were not provided with the information necessary for the correct understanding of it and its consequences. . Access to the City of Justice (Photo: Metrópoli abierta) Likewise, the Court imposed costs on the defendant after interpreting that it litigated recklessly . On the other hand, despite the clarity of the ruling, the representation of Banco Santander filed an appeal . In his writing he reiterates that the clause was subject to novation, which determined that it was the subject of individual negotiation and that it was introduced into the contract in a completely apparent manner.