New out-of-court procedure. The recent resolutions adopted by both the Spanish and European courts regarding floor clauses, have tipped the balance to favor the mortgage or loan holder, i.e. the debtor, rather than the bank or mortgage company.
Last December 2016 the European Court confirmed that the clients affected by these clauses are entitled to be reimbursed all of the overpaid amounts paid from the beginning of their loan agreement, and not only from 2013 as the Spanish courts were awarding previously. The reason for this is very simple, once a clause in any agreement is judged to be null, then it has always been null, and a fixed period of when it was not cannot be justified by any means. Despite this, there are still some banks reluctant to return the money to their customers.