28 Jul I have a mortgage with bank for my company-owned house in Spain, can I get compensation for an unlawful “floor clause”
No, you cannot. As a Juridical person (i.e. a Mercantile Company) your company does not have the profile of a consumer according to the law. Consumers or users according to the law are the natural persons who act with a purpose outside their business, commercial activity, trade or profession. It happens that the Jurisprudence both from Brussels Court and Spain’s ones are judging against the banks based on the existing specific protection to consumers. In other words, companies and individuals acting as traders or professionals are excluded from this protection and their claims would clearly be dismissed. To have a look anyhow, and to see what is a cláusula suelo (the most typical clause declared null by the jurisprudence in favor of consumers), yo can visit my blog here: what is clausula suelo. Companies are not under the umbrella of Consumers protective laws and jurisprudence, as wouldn’t be a lawyer, or a doctor or any other individual who gets a loan to buy his professional premises or headquarters.