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OCU gets more than 50,000 signatures to demand a fair sentence of clause soil in Europe
07 oct. 2016OCU's request, available on the Change.org platform two months ago, has already received the support of more than 53,000 consumers. OCU launches this request because it considers unacceptable that consumers should pay bad banking practices in relation to clause floor. For this reason, OCU has already sent a petition to the European Parliament to rule on the applicable rules and those affected can recover all their money from the start of the mortgage contract.
OCU and reacts to the position of Attorney General of the Court of Justice of the European Union (CJEU), which in its report last July considered injured consumers were not entitled to recover the money paid by the clause floor from the start the contract could only claim those amounts paid since May 2013. According to the attorney general, "the temporal limitation of the effects of the invalidity of the clauses" floor ", included in the contracts of mortgage in Spain, it is compatible with EU law ". OCU recalls that the position of the Advocate General is not binding on the European Court. OCU is considered unacceptable from this position as it is a favorable treatment to banks, bypassing the rights of consumers affected by these bad practices.
OCU recalls that the European Commission published another report last year that supported the return of the amounts collected retroactively to the millions of consumers affected by the clause floor, where it is stated that "it is not possible that national courts can moderate the repayment of amounts already paid by the consumer pursuant to a clause declared invalid from the default source of information and / or transparency." This situation could set a very negative precedent in a context of continuous abuse and toxic products (preference shares, shares of Bankia, mortgages IRPH ...) by banks. OCU trust the impartiality of judges when applying the rules, which clearly states that the nullity of a clause supposed to leave without effect as if it had never existed.
Therefore OCU encourages all consumers in general, not just those directly affected by clause floor, to join this campaign against a major banking abuse. You can find the petition Change https://www.change.org/p/parlamento-europeo-por-una-sentencia-justa-de-cl%C3%A1usulas-suelo-en-europa and the Mobilize platform OCU http://www.ocu.org/movilizate/combate-clausula-suelo