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The Provincial Civil Court of Madrid issues a ruling in the collective action brought by ADICAE

The Provincial Civil Court of Madrid issues a ruling in the collective action brought by ADICAE in which, ratifying the ruling issued by the Commercial Court no. 11 of Madrid and upholding the appeal of said Association, agrees to the decline of the validity of the floor clause, its withdrawal from the contracts and the application of the patrimonial effects of radical nullity. The most novel thing with respect to the court’s ruling is that credit institutions are obliged to fully restore all the earnings obtained through the application of that clause, without the time limitation agreed by the previous doctrine. The sentence is not final and there is an appeal against it for procedural infringement, which would be heard by the Supreme Court. For your interest, we fully support the sentence handed down by the Provincial Court of Madrid.

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