Spanish standard, said, does not guarantee an effective protection of consumers against possible unfair contractual terms on mortgages. The general counsel to respond to a question presented by a Barcelona Court on a complaint against CatalunyCaixa. The Attorney general of the Court of Justice of the EU (TUE), Juliane Kokott, concluded in an opinion that the Spanish Act of evictions violate Community legislation. The standard says, does not guarantee an effective protection of consumers against possible unfair contractual terms on mortgages. This opinion is not binding, but the Court follows its recommendations in 80% of cases.

General counsel responds in this way to a question submitted by the commercial court of Barcelona, which must settle a complaint lodged by a citizen against CatalunyCaixa, which forced his expulsion from housing occupied in January 2011 by non-payment of the mortgage. The citizen in question requests declared null and void one of the clauses of the mortgage loan and that, accordingly, the judicial process of foreclosure is considered also null. General counsel recalls in its conclusions that there is no on the right of EU harmonisation of the enforcement measures, it is the Member States establish procedural modalities. However, it requires that national procedural rules may not lead to that obstructs the invocation of rights guaranteed to the consumer by the European directive against unfair contractual terms. In this sense, the counsel considers that procedural regulation Spanish is incompatible with the directive, because it undermines the effectiveness of the protection that it pursues. Does not constitute effective protection against unfair terms of contract which the consumer, as a result of these clauses, need to support helpless the execution of the mortgage with the consequent forced auction of its housing, the loss of property that accompanies it and the eviction, and only later be legitimized to exercise the action of damages, highlights Kokott. The European standard requires the opposite: that consumer has an effective remedy to prove the unfair nature of the terms of your loan contract, merced to which, if the case, to stop enforcement. General counsel insists that the judge should have the possibility of suspending enforcement until it has been established the unfairness of a contractual term, in such a way as to prevent the Executive procedure believed to the detriment of the consumer a situation that later is very difficult or impossible to repair. Judges now begin to deliberate and the judgment shall be made at a later time. View more: Attorney of the Court of Justice of the EU says that Spanish law of evictions is illegal.