Floor clause: how to claim it back in 2026, legal step-by-step guide
Updated guide to claiming floor clauses back in 2026: CJEU ruling of 21 December 2016, full retroactivity, out-of-court vs. judicial route, limitation period and Supreme Court case law.
What is a floor clause?
A floor clause (cláusula suelo) is a contractual stipulation in variable-rate mortgages that sets a minimum interest rate regardless of how low Euribor falls. It was ruled null and void by the Spanish Supreme Court in 2013 for lack of transparency.
The CJEU ruling of 21 December 2016 established full retroactivity: borrowers can recover all excess payments from the signing of the contract, not just from 2013.
Time to claim in 2026
The nullity action does not prescribe. The restitution action (recovery of overpaid amounts) may be subject to a 5-year limitation period from the last excess charge.
Steps to claim
- Out-of-court complaint to the bank's Customer Service department (1-month deadline).
- Judicial claim before the Commercial Court for nullity of the floor clause + restitution + legal interest.
Lexiel helps mortgage lawyers analyse loan deeds, extract floor clauses, calculate overpayments and draft claims with up-to-date CJEU and Supreme Court case law.
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