Claiming floor clauses: out-of-court solution

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The ruling of the Court of Justice of the European Union of 21 December 2016, which we analysed in a previous post, “the retroactivity of floor clauses ”, is contrary to national jurisprudence that limits the restitutionary effects after the declaration of the abusive nature of floor clauses.

The European Court's ruling has caused a great stir, and it could be said that it was one of the most eagerly awaited rulings of 2016 by all legal operators. The ruling did not follow the Advocate General's Conclusions, which is unusual.

The Government has therefore been obliged to channel all claims from affected consumers by requesting the restitution of the amounts paid in application of the floor clauses.


Royal Decree 1/2017 establishes an extrajudicial procedure to facilitate reaching taiwan mobile number an agreement with the credit institution.

This is an out-of-court procedure. It is an additional measure to facilitate a solution for the consumer. It does not exclude the judicial route nor is it required to carry out this procedure before going to court.

It is voluntary and free for the consumer. However, banks are obliged to organise this procedure. They must inform about the existence of a floor clause complaints service.

Subjective scope
It only affects consumers with floor clauses in their mortgage. Article 2 of the Royal Decree explains what is meant by a consumer and what is meant by a floor clause.

Preliminary claim
The consumer files a claim with the bank → the bank makes the calculation* and sends it to the consumer → if the consumer agrees with the calculation, the money is refunded.
The consumer files a complaint → the bank makes the calculation → the consumer does not agree with the calculation → end of the procedure
The consumer submits his complaint → the bank understands that it is not admissible (gives reasons) → end of the procedure.
*In the calculation made by the bank on the amounts owed, the amounts corresponding to interest must be included (article 3.2 RD 1/2017)