The 1/2017, royal decree-law, 20th of January, of urgent measures to protect consumers regarding floor clauses has entered force

On the 20th of January in 2017 was finally published on the BOE the Royal Decree that the Government was announcing recently in order to introduce some measures to allow consumers to obtain all these amounts they should not have paid.

So with this Royal Decree, Banks will must introduce an alternative dispute resolution before any consumers can go to Court. This will be volunteers for consumers and banks will have to give them a calculation. Later on, the consumers will have to tell them if they agree or not. Both will have three months to reach an agreement.

This Royal Decree has been approved after the European Court Sentence that established that Banks, unlike what established the Spanish Supreme Court, will have to give back all the extra amounts, including interest in arrears, with retroactive effect, that is to say, from the moment they subscribed the mortgage.

Furthermore, they will be some more novelties regarding costs, given that the consumers turn down the calculation and later own brings a lawsuit where they obtain a better calculation, bank will have to pay the costs, unlike if they obtain the same calculation.

From Koperus Business and Legal Services will be able to give an efficient and good services even if you decide to resolve this matter in front of a Court or through the alternative dispute resolutions. You can contact us by phone 692208354 or by email to

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