The CJEU sentences the opening commission

The Court of Justice of the European Union (CJEU), in its latest ruling on March 16, rule  mortgage opening fee. With this, the CJEU gives the option to estimate the abusive opening fee if it is not clear The CJEU sentences  and understandable or if it is disproportionate to the services it provides. This new rulingespecially, those who contracte one previously and paid several commissions. Find the best mortgage without mistakes Going from bank to bank is a thing of the past. GET INFORME FOR FREE Is the opening commission abusive? The precedents Let’s go by parts. In 2019, the Supreme Court of Spain considere that the opening commission was justifie .

What changes now with the latest ruling?

The CJEU ruling of March 2023 ratifies that of 2020 and clarifies the guidelines for judging its abuse . Thus, it is the judge who must certify whether the clause is “clear and understandable”, with “the most favorable interpretation for the consumer” prevailing in case of doubt , as state in Laos Phone Number Data article of Directive. Furthermore, it must discern that the mortgage holder was in a position to evaluate the nature proportionate and do not overlap with other costs. . FEIN mortgage: what is it and what is it for? The client to whom Caixa Bank had to return its opening commission This CJEU ruling responds to the lawsuit that a client presente to Caixa Bank in, in which he claime the nullity of the clause on the opening commission.

Phone Number Data

The opening fee is the price that the bank charges for those procedures it carries out before granting a mortgage to someone: namely, a first study of the client’s solvency and the viability of lending them money. Before the new Mortgage Law of 2019, it was very common to charge two different commissions, one for study and another for opening, but Spanish jurisprudence Benin Phone Number List now only allows charging one, if so agree. In fact, currently, the Caixa Bank or Banco Santander mortgages o Standard Information Sheet (FEIN) or your final loan contract, where you can consult all the conditions relating to your mortgage. Clause number 4 usually specifies the interest rate and other expenses relate to the loan, such as a possible commission of this nature.

Tags: , , , , , ,