最高法院宣布在其STS408/2020判例中集体行动的透明度抽象控制范围

2020年7月22日

In its judgment 408/2020, of July 7, the Spanish Supreme Court ruled on a claim by a consumer and user association against Bankinter, an entity represented by Cuatrecasas, seeking collective injunctive redress on the nullity of several types of financial derivatives contracts.

The Supreme Court dismissed the association’s appeal before the Madrid Court of Appeals. The relevance of this judgment transcends the specific case because the Supreme Court rules on, among other issues, the scope of abstract control of transparency in collective actions, qualifying well-known caselaw, STS 9.05.2013, and stating that the same transparency rules of “floor clauses” cannot be applied automatically to other general conditions in which it is necessary to take into account the specific circumstances of the case, both objective and subjective. Therefore, this judgment has great relevance for the finance sector and for consumer matters in general.

Cuatrecasas lawyers Rafael MonsalveEstefanía Portillo, Mario Mas and Francisco Miguel Pina represented Bankinter. Partner Antonio Pipó also participated in managing the proceedings.

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