Until the Court of Justice of the European Union (CJEU) rules on the effects of the declaration of nullity of these clauses, the First Chamber of the Supreme Court has decided to suspend the processing of the appeal of a bank in matters of floor clause of a mortgage with regard to the scope of the retroactivity of said nullity.
The appeal that has been suspended was filed by Unicaja against the judgment of the AP of Jaén, of July 10, 2014, which gave the reason to two clients annulling their floor clause with the aforementioned entity, and condemning it to return what was unduly charged without having as a limit the date of May 2013, pointed out by the Supreme Court in its judgment on this matter.
The CJEU has set for next April 26 the hearing of a preliminary question raised by a Commercial Court of Granada to know if it complies with Community legislation to moderate the retroactive effects of the nullity of a floor clause.
The two clients of Unicaja asked the Supreme Court to suspend the bank’s appeal until the CJEU rules on retroactivity. But both the bank and the Prosecutor’s Office opposed that request.
However, the high court agrees to the suspension because it considers that the legal question raised in the appeal brought by Unicaja Banco S.A. is directly related to the preliminary ruling to be resolved by the European High Court. The Supreme Court also recalls that against the judgment to be issued it is no longer possible to lodge any appeal in judicial proceedings, and stresses the proximity of the date indicated for the hearing before the European court and, consequently, of the judgment to be issued, so that the temporary suspension of the process is not foreseen to be extensive, and considers that no significant prejudice is caused to the parties.
