The accrual date of the payment of interest in the nullity of the spending clause

Abstract

The Judgment of the First Chamber of the Supreme Court of December 19, 2018, reasons that the restorative effect derived from art. 6.1 of Directive 93/13 is not directly applicable to art. 1303 CC when it comes to the clause of expenses, insofar as they are not payments made by the consumer to the bank that he must return (such as interest or commissions), but payments made by the consumer to third parties (notary, property registrar, agency, appraiser, etc.), by virtue of the imposition contained in the abusive Consequently, to give effect to the aforementioned art. 6.1 of the Directive, with regard to the interests that must accrue the amounts that the consumer must receive, it is applicable analogically the art. 1896 CC, since the qualification of the clause as abusive is comparable to the bad faith of the predisponent. According to that precept, when a quantity of money has to be reimbursed, the legal interest must be paid from the moment in which the undue payment was received —in this case, the undue benefit was produced—.