The TS establishes that the bank pays the interest for the abusive clauses from the signature

The TS establishes that the bank pays the interest for the abusive clauses from the signature



The Supreme Court has established that the banks reimburse the interest paid for clauses that have been declared abusive by the courts since the signing of the contract and not from the time of the claim, in accordance with community doctrine.

In a judgment known today, the plenary session of the Civil Chamber considers the appeal lodged by a consumer and understands that if the entity has to take over the costs of management and taxation, it must also address the interests linked to them.

In the opinion of the magistrates, the denounced situation could be equated to "unjust enrichment" since the bank would have profited unduly by saving costs that have, on the contrary, affected the consumer.

It also finds the room "analogical similarities" with the "payment of the improper", since although the entity has not received this charge, it would have benefited from it by avoiding disbursing "all or part of what was due".

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