The controversial exception to retroactivity effects of floor clause

Abstract

The crisis has caused that subjects such as «floor clauses» are currently overflowing the Spanish Courts. After the recentpronouncements of The Supreme Court of the First Chamber Plenary (TS), banks remain reluctant to eliminate floor clauses in their mortgage loans, forcing consumers to claim their elimination in Courts, after a previous attempt at extrajudicial solution. However, there is a great legal uncertainty created by the existence of pronouncements contradictory, between those who are in favor of the doctrine sitting by the TS of 9 May 2013, claiming the nonretroactivity of the effects of the nullity declared, and others who estimate the refund of amounts collected for the bank since the beginning of the contract, being the only solution for the full compensation. This last argument is that we defend in this work.