Toledo has just said goodbye to the year with good news in the judicial field. The Ministry of Justice and the General Council of the Judiciary (CGPJ) have agreed to maintain for six more months the reinforcement measures of the specialization plan aimed at the resolution of the floor clauses due to the high number of lawsuits despite the good resolution data which are being reflected quarter by quarter in the statistics. Therefore, Toledo has not yet terminated the plan as is the case in nine provinces and will continue to benefit from the plan’s measures until June 30 in principle, as well as Albacete, Guadalajara, Cuenca and Girona.
In this case, the court that will lead the entry and resolution of this class of lawsuits will be the mixed body number 8 of Toledo, which began its activity on October 30 after a delay of five months from the date set by Justice.
It is not the first time that Toledo receives this news this year because a first six-month extension was already agreed in June, together with the measures planned for another 19 courts in different provinces, so that mixed court number 1 and Mercantile could continue half a year with a reinforcement body to try to carry out a matter with a significant entry of issues since 2017 related to floor clauses, early maturity, late interest, mortgage formalization expenses and multi-currency mortgages.
Likewise, it is necessary to remember that the health crisis derived from the coronavirus pandemic last spring has also contributed to aggravate the saturation in this matter, since it forced the suspension of at least 700 trials since mid-March.
However, the entry into operation of the Court of First Instance and Instruction number 8 two months ago is also modifying the activity, since the demands for land clauses now go directly to this new body, located on the top floor of the Palace of Justice of Toledo once the corresponding reform has been carried out, which helps in the prompt resolution of matters. Although, a second reading also indicates that the new plaintiffs obtain the sentence much earlier because number 8 does not have the pendency that the mixed number 1 and Mercantile accumulates, the latter was just transformed on January 1 into an exclusive body . Therefore, this situation causes imbalances and delays in matters that entered the courts months or more than a year ago.
In general terms, the CGPJ shows that the specialization plan, which began in June 2017, “is proving satisfactory because it has managed to significantly reduce pending issues.”
data. The CGPJ report reflects the good performance of the activity in this area in the third quarter of 2020, since it has been lowered by 4%, thus “bringing the levels of dependence closer to what existed at the beginning of the year, before of the paralysis due to the health crisis ”.
In relation to Toledo, the data indicates that 676 demands for floor clauses were filed between July and September, 42.6% more than in the same period of the previous year. The overload does not prevent an outstanding resolution capacity thanks to the effort of the staff. In this third quarter, 588 cases were discharged, practically 2% more than between June and September 2019. Even so, there are still many cases in process due to the flood of lawsuits registered some months in relation to the floor clauses. In this case, Toledo closed this quarter with 3,392 pending cases and some of them will have received a response between October and December, but many others still remain in folders.
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