European justice endorses the deadline to claim the return of abusive clauses

The Court of Justice of the European Union (TJUE) has endorsed this Thursday that a deadline can be set to claim the return of an abusive clause Although there is no maximum period To claim your nullity.

Thus, the TJUE has pronounced on the case of a consumer who hired a mortgage loan with Banco Santander and included a clause that forced him to support the transaction preparation expenses and taxes caused by the constitution of the mortgage, his registration registration, management expenses and those linked to the modification or cancellation of the contract.

The consumer claimed in 2023 the nullity of this clause for considering it abusive, as well as the return of part of the expenses linked to the conclusion of the contract, but bank Santander alleged that the deadline to claim compensation for that amount He had prescribed.

In his judgment, the Court of Justice recalls that the consumer protection is not absolute and endorses the legality of setting maximum deadlines to claim compensation as long as that period is no less favorable than that applicable to similar internal resources-based on the principle of equivalence-and does not prevent or make it difficult to exercise the exercise of the rights conferred by the legal system of the EU.

It also highlights that the European Directive on abusive clauses and the principle of equivalence does not oppose a national norm that allows establishing a deadline to resort compensation or return of expenses although there is no maximum period of period of requesting the nullity of an abusive clause.