A jurisprudential discrepancy between the Spanish Supreme Court and the Court of Justice of the European Union on the full refund of the quantities paid by the consumer?

Abstract

In recent years, bank contracts have been the object of controversy for both moral and legal reasons. Clauses that were just one more stipulation in a standard contract have been called into question and even annuled. One example of these clauses are the so-called ground clauses. The Supreme Court has ruled that consumers have the right to claim back the amounts paid as a result of applying these clauses after the famous ruling of 9 May 2013. However, the reimbursement of the amounts paid becomes much more complex if the request is backdated to the moment at which the contract was signed. This problem has been submitted to the Court of Justice of the European Union and the ruling it makes may not only raise doubts about the jurisprudence of the Supreme Court but also lead to a financial bailout.