El TJUE se pronuncia el 26 sobre la cláusula suelo

El TJUE resolverá sobre la retroactividad de la nulidad de la cláusula suelo el 26 de abril

 

“La cuestión prejudicial fue planteada ante el Tribunal de Justicia de la Unión Europea (TJUE) por el Juzgado Mercantil nº 1 de Granada en un procedimiento de nulidad de cláusula suelo  contra Cajasur, y a ella se han acumulado otras dos formuladas posteriormente por la Audiencia Provincial de Alicante en que las entidades demandadas son BBVA y Banco Popular.

Lo que se tiene que dirimir, por tanto, no es la nulidad de la cláusula suelo, ya confirmada por el Tribunal Supremo en varias sentencias, sino la retroactividad de la misma.

La nulidad de la cláusula suelo ya es indiscutible y ha sido declarada en varias ocasiones por la Sala Primera del Tribunal Supremo. Incluso el Tribunal Constitucional ha zanjado cualquier debate al respecto al inadmitir el recurso de amparo presentado por BBVA y Cajamar contra la Sentencia de 9 de mayo de 2013, que sienta los criterios de la nulidad de esta perniciosa cláusula.

La cuestión que se ha de dirimir ahora por el TJUE no es pues la nulidad de dicha cláusula sino sus efectos, ya que el propio Tribunal Supremo en sentencia 25 de marzo de 2015 posterior a la de 9 de mayo de 2013 introduce una limitación temporal a la devolución de cantidades indebidamente pagadas por los clientes, fijando precisamente la fecha del 9 de mayo de 2013 como día a partir del cual la nulidad surte efectos.

Habida cuenta que ello contraviene lo taxativamente establecido por el artículo 1.303 del Código Civil y el criterio de retroactividad absoluta refrendado por algunos de nuestros jueces e incluso por la Comisión Europea en el informe a las partes que ha formulado precisamente en la citada cuestión prejudicial, será ahora el Tribunal de Justicia de la Unión Europea el que tenga que interpretar y definir, tras la celebración de esta vista oral, los efectos de la nulidad de la cláusula suelo.

Sorprendentemente en este procedimiento ante la Unión Europea, el Gobierno de España se ha puesto del lado de las entidades financieras que están aplicando esta cláusula abusiva, en contra de los millones de ciudadanos, familias y empresas españolas que están sufriendo las consecuencias de la misma y están viendo ilegalmente detraídos recursos que de otra manera podrían destinar a salvar su vivienda (al poder hacer frente a cuotas hipotecarias más bajas), a la cobertura de necesidades a veces perentorias, al ahorro o al consumo tan necesario para reactivar nuestra deteriorada economía tras los largos y duros años de la crisis económica. “

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    if you have to manually code with HTML. I’m starting a blog soon but
    have no coding skills so I wanted to get advice from someone with experience.
    Any help would be greatly appreciated!

  103. 23 agosto, 2019 at 17:01

    Hi mates, fastidious article and fastidious urging
    commented here, I am genuinely enjoying by these.

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