Spanish Consumer Lawyers Challenge High Costs in Banking Litigation
The Spanish Association of Consumer Lawyers has expanded its complaint against alleged collective price fixing to include the Board of the Civil Section of the Court of First Instance of Girona and the Governing Council of the TSJC. The complaint questions the amounts set for costs in banking litigation, arguing that they do not act as guidance but rather as a judicial scale of fees.
The disputed criteria set 600 euros for claims involving expense allocation clauses, 800 euros when several clauses or floor clauses are affected, and 1,000 euros for proceedings on multi-currency clauses. These amounts include VAT and apply to Girona, Palencia, and the Governing Council of the TSJC.
The AEAC argues that this system effectively limits claims in proceedings related to expense clauses, floor clauses, or multi-currency mortgages. The association invokes a 2018 precedent where the CNMC sanctioned nine bar associations with fines totaling 1,455,000 euros for preparing and disseminating fee schedules.