{"id":21969,"date":"2014-01-22T03:35:15","date_gmt":"2014-01-22T02:35:15","guid":{"rendered":"https:\/\/www.in-diem.com\/sts-2013-05-09-excerpt-mortgage-and-floor-clause\/"},"modified":"2026-08-13T13:55:11","modified_gmt":"2026-08-13T11:55:11","slug":"sts-2013-05-09-excerpt-mortgage-and-floor-clause","status":"publish","type":"post","link":"https:\/\/www.in-diem.com\/en\/sts-2013-05-09-excerpt-mortgage-and-floor-clause\/","title":{"rendered":"STS 2013-05-09 (excerpt). Mortgage and Floor Clause."},"content":{"rendered":"
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IMPORTANT<\/strong>: This post discusses the Supreme Court\u2019s May 9, 2013, ruling on floor clauses, issued within the context of the case law in effect at that time. Although it retains historical value, the framework for claims regarding floor clauses has evolved significantly following subsequent case law from the Court of Justice of the European Union (CJEU) and the Supreme Court, particularly with regard to transparency, reimbursement of amounts, and consumer protection. Any claim against a bank must be reviewed in light of the specific case, the mortgage documentation, Directive 93\/13\/EEC, Law 5\/2019, and the applicable current case law.<\/em><\/p>\n\n

As is publicly known, the Plenary Session of the Civil Chamber of the Supreme Court declared the nullity of mortgage floor clauses in cases where there is a lack of transparency. That is, all those in which sufficient information was not provided to clients when contracting the mortgage. <\/p>\n\n

In this regard, the Civil Chamber, presided over by His Excellency Juan Antonio Xiol, issued a RULING DATED MAY 9, 2013. This RULING, however, after being issued, was subject, on the one hand, to a request for clarification and, on the other, to an incident of nullity, which were resolved by ORDER of June 3, 2013, and Order of November 6, 2013, respectively. <\/p>\n\n

The CGPJ press release recalled that STS 2013-05-09 would be mandatory in Spanish courts.<\/p>\n\n

IN DIEM Lawyers is currently, through its specialized banking law area, carrying out numerous claim actions against most banking entities, with excellent results.<\/p>\n\n

The IN DIEM Documentation Service, in response to information requests, publishes an excerpt from STS 2013-05-09.<\/p>\n\n

Author: IN DIEM Documentation Service. Categories: Banking Law. Mortgage. Floor Clause. Date: March 2014<\/p>\n\n

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How can IN DIEM Abogados help you?<\/strong><\/h2>\n\n

The Banking and Finance Practice Group at IN DIEM Abogados<\/strong> advises consumers and businesses on claims related to unfair mortgage clauses, closing costs, floor clauses, late payment interest, early maturity, and other banking products or terms that may have caused financial harm.<\/p>\n\n

The analysis of a claim regarding mortgage expenses requires a review of the deed, the applicable clause, the paid invoices, the bank\u2019s response, and current case law. Depending on the case, one may file a preliminary out-of-court claim or initiate legal proceedings to seek the invalidation of the clause and the refund of amounts unduly paid. <\/p>\n\n

If the claim is also related to a foreclosure, early maturity, or other banking actions, it may be advisable to also review potential defenses regarding foreclosures<\/strong>.<\/p>\n\n

You can contact IN DIEM Abogados to request an initial assessment of your case, either in person at our offices<\/strong> or through our online legal consultation service<\/strong>. We also offer a 24-hour emergency legal service<\/strong> for situations that require immediate attention. <\/p>\n\n