CJEU says that the limitation period for an abusive clause begins when the sentence is final

BRUSSELS, April 25 (EUROPA PRESS) -

The Court of Justice of the EU (CJEU) has ruled this Thursday that the limitation period for claiming the reimbursement of mortgage expenses begins to run when the ruling declaring the abusive nature of these clauses becomes final and their nullity is declared, that is, , when no more resources or modifications are supported.

This is indicated by the Court in two rulings published this Thursday, in reference to the litigation of Bankia (currently Caixabank) and Banco Santander, in which it highlights that it is the date on which the resolution that determines that a contractual clause is final becomes final. abusive and declares its nullity for this reason, when the consumer acquires certain knowledge of its irregularity.

Therefore, it is from that date when you are in a position to effectively assert the rights conferred upon you by European regulations and when the limitation period for the restitution action can begin to run, the main objective of which is to restore the situation in which you were the consumer would find if said clause had not existed.

This ruling complements a previous CJEU ruling published in January that indicated that the deadline for claiming mortgage expenses will not begin to run before a consumer becomes aware of the abusive nature of a contractual clause.

In this sense, the ruling indicates that community rules prevent the limitation period for an action for reimbursement of expenses from beginning to run on the date on which the national Supreme Court issued a series of rulings declaring certain standard clauses to be abusive. , since "the average consumer, reasonably attentive and discerning, cannot be required to keep himself regularly informed, on his own initiative, of the resolutions."

On the other hand, the CJEU considers that the date on which the resolution declaring that the contractual clause in question is abusive and therefore its nullity becomes final is the date on which the consumer has certain knowledge of the irregularity of that clause and when the prescription of reimbursement of expenses can start.