Las costas en los litigios de cláusulas abusivasjurisprudencia reciente y principio de efectividad del Derecho de la Unión Europea

Abstract

The aim of the following pages is to present the current framework for assessing costs in proceedings on unfair contract clauses, covering not only the legal provisions that regulate the matter, but above all recent case law at different levels that applies and interprets the provisions, and distinguishing when necessary between the treatment of Spanish floor clauses – with their specific regulations – and that of other clauses whose nullity likewise gives the consumer the right to reimbursement for amounts paid unduly. The article starts with an introduction (section I), followed by an analysis of what happens when there is total maturity (section II), continuing with cases of partial maturity (section III), and then ending with scenarios in which consumer claims are accepted due to the banking entity’s acquiescence (section IV).