The First Chamber of the Supreme Court has taken this doctrine after receiving the reply of the Court of Justice of the European Union (EU) to the European question raised in October 2008 to resolve an appeal of Caja Madrid against a ruling that declared unfair clauses rounding on their mortgages.
"Following the decision of the EU can no longer sustain the argument that, since the rounding of the interest rate of mortgage loans an essential element of these contracts, the Spanish legislation on consumer protection could not reach, according to Directive to these clauses, so that such protection would violate EU law, "concluded the Supreme.
The Supreme Court will not rule on whether the terms of Caja Madrid were abusive or not, since it has accepted the withdrawal of the appeal submitted by the entity.
The European Court of Justice in a ruling dated June 3, 2010, concluded that "can not prevent Member States from maintaining or adopting", "higher standards than those established by the Directive, provided that seek to ensure the a higher level of consumer protection. "
The Supreme Court referred to the EU if the Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, or not opposed to national laws establishing more restrictive regulation abusive nature.
The First Chamber of the Supreme Court has taken this doctrine after receiving the reply of the Court of Justice of the European Union (EU) to the European question raised in October 2008 to resolve an appeal of Caja Madrid against a ruling that declared unfair clauses rounding on their mortgages.
"Following the decision of the EU can no longer sustain the argument that, since the rounding of the interest rate of mortgage loans an essential element of these contracts, the Spanish legislation on consumer protection could not reach, according to Directive to these clauses, so that such protection would violate EU law, "concluded the Supreme.
The Supreme Court will not rule on whether the terms of Caja Madrid were abusive or not, since it has accepted the withdrawal of the appeal submitted by the entity.
The European Court of Justice in a ruling dated June 3, 2010, concluded that "can not prevent Member States from maintaining or adopting", "higher standards than those established by the Directive, provided that seek to ensure the a higher level of consumer protection. "
The Supreme Court referred to the EU if the Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, or not opposed to national laws establishing more restrictive regulation abusive nature.
