FACUA reacts to judicial branch's statement on the ruling on mortgage taxes

The association criticises the uncertainty generated for consumers by the statements made by the president of the Third Chamber of the Supreme Court.

FACUA reacts to judicial branch's statement on the ruling on mortgage taxes

The Spanish Supreme Court has made a public statement in which it explains that it is leaving the future of the ruling given this Thursday 18 October up in the air. This is the ruling in which it stated that it should be the bank’s responsibility to bear the costs of the tax on document duties, instead of the consumer's.

On this matter, FACUA recalls that in 2013 the Supreme Court stated that money charged fraudulently through an illegal contractual mortgage clause could not be reclaimed due to "risk of serious disruption with consequences for public economic order". It was up to the European Court of Justice (ECJ) to finally give a resolution which protected consumers. Now, the Supreme Court is attempting to make use of a similar argument to that which was rejected by the European court. The association does not understand how, after scarcely a day, the Supreme Court is again bringing up an issue which had previously been resolved with a definitive judgment.

For its part, FACUA's spokesperson, Rubén Sánchez, has commented that "this is a scandal and it smells fishy. The Supreme Court has paralysed a ruling which states that banks must pay the tax on mortgages. Will it now do the same as in 2013, when it decided that they did not have to give back the money defrauded with the illegal contractual clause? Will we have to wait for another telling off from the ECJ?".

As explained in a note from the president of the Judiciary Chamber of the High Court, Luis María Díez-Picazo, this decision has been taken as a result of yesterday's announcement representing a "radical change" in case law and in view of "its enormous social and economic repercussions".