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17 August 2016 / León Fernando Del Canto
Issue: 7717 / Categories: Features , EU , Property
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Holiday hell

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An unexpected European decision is bad news for Spanish holiday homeowners, says León Fernando Del Canto

  • Advocate General’s opinion that the temporal limit on the effects of the invalidity of “floor” clauses included in mortgage loan agreements in Spain is compatible with EU law is bad news for Spanish homeowners.

On 13 July the Advocate General gave a surprising opinion that the temporal limit on the effects of the invalidity of “floor” clauses included in mortgage loan agreements in Spain is compatible with EU law (see the Joint Cases of C-154/15 Francisco Gutiérrez Naranjo v Cajasur Banco S.A.U., C-307/15 Ana María Palacios Martínez v Banco Bilbao Vizcaya Argentaria SA and C-308/15 Banco Popular Español SA v Emilio Irles López and Teresa Torres Andreu).

These clauses, which were used by the majority of banks in Spain, control the amount of interest being paid on a mortgage. This means that if the interest rate falls below the “floor”, as defined in the agreement, the consumer must still pay the set interest

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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