The ruling states that in case of the annulment of unfair contractual clauses, which impose the payment of all the costs associated with the constitution and cancellation of a mortgage on consumers, national judges will not be allowed to oppose the return of money to customers, unless the applicable national law at the time imposed the payment of all or part of those expenses on the consumer.
In other words, entities must return the costs charged to consumers in their entirety with total retroactivity in the event of any unfair clauses.
Read the full article in Spanish.
