Current state of floor clause claims in Spain 2026: CJEU doctrine, 2015 Spanish Supreme Court plenary judgment, full retroactivity, statute of limitations and how to start a claim.
Floor clauses set a minimum interest rate floor in variable-rate Spanish mortgages. The Supreme Court judgment of 9 May 2013 declared them void for lack of transparency. The CJEU ruling of 21 December 2016 (C-154/15) overturned the temporal limitation and established full retroactivity, banks must repay all amounts collected under the void clause from the contract's start.
Current debate: prescription of the restitution claim (5-year Art. 1964 CC period, computed from when the consumer became aware of the nullity per CJEU C-484/21 et al., April 2024).
Claims remain viable in 2026. Next frontier: IRPH mortgage rate challenges.
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Get started freeThe limitation of contractual liability claims (Arts. 1101-1104 CC, general 5-year period after the 2015 reform) remains a permanent source of litigation. We analyse TS doctrine on the starting date for continuing damage, extrajudicial interruption and the effect of prior negotiations.
The Spanish Supreme Court Administrative Chamber clarified in 2024 the requirements for challenging negative administrative silence: deadlines for judicial review, effects of late notification of express decisions and tacit presumed acts vs. express acts.
The Supreme Court Civil Chamber clarified in 2024 the limits of vicarious liability (Arts. 1902-1903 CC) of companies and principals for harm caused by their dependants. We analyse doctrine on joint liability, the required diligence standard and adequate causation.