A judge specializing in General Conditions of Contract (CGC) of Cádiz has declared the partial nullity of the multi-currency clause referenced to the Japanese yen in a mortgage granted to a doctor worth €240,000, thus forcing Bankinter to convert the mortgage into a conventional mortgage and return everything overcharged since 2008 plus interest
The case has affected a Cadiz doctor from the Emergency Service of the Puerta del Mar Hospital who mortgaged his house in Cádiz to buy a plot in Conil, where his second residence was built.
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It has been the Court of First Instance No. 2 of Cádiz who has issued a Judgment dated 07/25/22, by which it declares the nullity of the clauses inserted in the mortgage loan deed regarding the content of the multicurrency clause and accessory clausesproceeding to recalculate the entire operation from the beginning in euros by applying the Euribor reference index plus differential provided for in the same deed, ordering the defendant to repay the amounts collected in excess with interest, and must also recalculate the capital pending amortization , to be determined in execution of this judgment.
The legal direction of the case has been assumed by José Luis Ortiz Miranda, managing partner of Bufete Ortiz Abogados, from Cádiz.
