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Clifford Chance

Clifford Chance
Briefings

Briefings

Spain: Nullity of abusive clauses: consumer refunds in the spotlight

28 October 2021

When does the term that a consumer has to claim back amounts paid to a financial institution under a clause declared null and void or abusive start to expire? This is the question that the Spanish Supreme Court ("SC") recently put to the Court of Justice of the European Union ("CJEU"). The reply could introduce a major new development in consumer banking litigation

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