Post by account_disabled on Mar 6, 2024 22:27:32 GMT -6
For this expert, it is also worth asking "if a professional is acting in good faith who, given that the consumer is unaware of the existence of said Circular and its content, takes the opportunity to apply a small positive differential, making the consumer believe that he has signed a great transaction." because the differential they have put on it is lower than that usually used in contracts sent to Euribor.” It also highlights that "according to paragraph 52 of STJUE C-125/18, the judge must carry out the necessary checks and verifications , taking into account all the circumstances existing at the time of contracting, especially regarding advertising and information.
Provided by the professional, a paragraph that I bring up because advertising is an element to be assessed by the judge , and it would be interesting for the judge to hear from the professional what arguments he could use to convince the consumer that the most expensive type on the market, the one that his Fax Lists form of determination would always operate above everyone, it was the most suitable for him.” Maite Ortiz and José María Erausquin. (Photo: Res Abogados) Comparing indices is not comparing prices In this context, Erausquin emphasizes that "this links with another of those arguments that Spanish judges and courts repeat, with that argument according to which comparing indices means comparing prices , something that Directive 93/13/EEC does not allow.
In this regard, remember that "the truth is that both STJUE C-421/14, of January 26, 2017, and the recent STJUE C-265/22, of July 13, 2023, agree that, in relation to with the imbalance of benefits to the detriment of the consumer, the national judge must compare the method of calculating the ordinary interest rate provided for by that clause and the resulting effective rate with that of the interest rates applied in the market on the date on which that the disputed contract was concluded, in relation to a loan of an amount and duration equivalent to those of the loan contract in question.
Provided by the professional, a paragraph that I bring up because advertising is an element to be assessed by the judge , and it would be interesting for the judge to hear from the professional what arguments he could use to convince the consumer that the most expensive type on the market, the one that his Fax Lists form of determination would always operate above everyone, it was the most suitable for him.” Maite Ortiz and José María Erausquin. (Photo: Res Abogados) Comparing indices is not comparing prices In this context, Erausquin emphasizes that "this links with another of those arguments that Spanish judges and courts repeat, with that argument according to which comparing indices means comparing prices , something that Directive 93/13/EEC does not allow.
In this regard, remember that "the truth is that both STJUE C-421/14, of January 26, 2017, and the recent STJUE C-265/22, of July 13, 2023, agree that, in relation to with the imbalance of benefits to the detriment of the consumer, the national judge must compare the method of calculating the ordinary interest rate provided for by that clause and the resulting effective rate with that of the interest rates applied in the market on the date on which that the disputed contract was concluded, in relation to a loan of an amount and duration equivalent to those of the loan contract in question.