The compensation of non-material damages for abusive clauses in consumer bank contracts: present and future?

Abstract

In recent years, many sentences related to financial products containing abusive clauses, not negotiated and not communicated to clients with sufficient transparency, have been issued. In such cases, the nullity of the clauses has been declared and, according to their ex tunc effectiveness, banks have had to return unduly invoiced amounts, but nothing more. Is it possible to convict banks to provide economic compensation for non-material damages suffered by their clients? The Report of the European Commission of August 29, 2019 to the Court of Justice of the European Union responds affirmatively, opening the door to future claims of damages affecting the mood of the consumer.