LAS SENTENCIAS DEL TJUE, DE 14 DE JUNIO DE 2012 Y DE 14 DE MARZO DE 2013, Y LA INMINENTE REFORMA DEL PROCEDIMIENTO DE EJECUCIÓN HIPOTECARIA ESPAÑOL.

Abstract

In this paper the author offers a general overview of Spanish legislation on mortgage loans and the mortgage market before and after the real estate bubble burst. The author also examines the recent judgments of the European Court of Justice of 14 June 2012 and 14 March 2013 and the discrepant case-law that has arisen in their wake, given the compelling need for judiciary authorities to enforce the EC rule of effectiveness in connection with Directive 93/13 on consumer protection. The author then goes on to examine various non-adjudicatory documents from judiciary bodies and judges' working groups containing proposals for reform or interpretation in view of the imminent publication of Spanish Act 1/2013 of 14 May on measures to reinforce the protection of mortgage borrowers, restructuring of debt and public rentals. Lastly, the author looks into the text proposed by the Popular Parliamentary Group that gave rise to the act, to determine whether or not it complies with the guidelines set by EC case-law on the mortgage foreclosure procedure and on abusive clauses on interest on late payment, and to determine whether or not it affords a real overall improvement of protection for mortgage borrowers. The author notes the important role played by notaries and registrars in the elimination of abusive clauses from mortgage loans; this role has been strengthened by the latest pronouncements from the European Court of Justice.