Bufete Salmerón has obtained an interesting ruling in the Courts of Algeciras, in which in addition to declaring the nullity of the floor clause, they returned our client all the expenses for the set-up of the mortgage loan (100% notary, registration and agency fees), and also declared the nullity of the opening commission, accepting our argument that “in no case may commissions or expenses be charged for services not accepted or requested by the client”. The ruling states that “The commissions or expenses charged must correspond to services actually rendered or expenses incurred…”.

Unicaja was ordered to pay the costs.

Following from this, if a bank is unable to prove that it actually performed a service for which it charged a commission, the clause is null and void and you can recover your money.