Nullity of commissions for claim of debit positions

Abstract

The struggle of consumers against certain banking practices has had a new battle won: the nullity of the commission for claiming overdue debtor positions. This was stated by STS n.º 566/2019, of October 25th, in a new case of collective action in defense of consumers. In this paper, the conditions for the admissibility of these commissions and the jurisprudential arguments given for the declaration of their nullity will be analyzed, also taking into account their different nature with respect to the penal clauses and compensation for damages in the event of contractual breach.