The Provincial Court of Cantabria has declared abusive the routing clause to rise included in a Unicaja mortgage and has ordered the entity to recalculate all the mortgage quotas From the signing of the contract. The entity must return to the client everything that paid more, together with the corresponding legal interests.
According to the sentence of July 2, 2025, the mortgaged demanded Unicaja requesting the nullity of several clauses of its mortgage, including the one that artificially increased its mortgage quotas, by imposing that each monthly payment was rounded up by point, applying an extra cost over the Euribor and the agreed differential.
The Court of First Instance No. 7 of Torrelavega partially estimated its claim in considering that unbalanced conditions were imposed and the consumer protection regulations were violated. Therefore, he declared the nullity of the clause and forced the entity to recalculate all the quotas.
Justice considers that these rounding artificially increase quotas
Unicaja appealed in appeal, but the Provincial Court of Cantabria confirmed the nullity of the clause and the obligation to rebuild all the calculations, remembering that this type of rounding artificially increases the mortgage quotas and affects the transparency of the contract, harming the consumer.
In addition, he cited the doctrine of the TJUE and resolutions of the Supreme Court of September 17, 2020, November 16, 2022 and November 12, 2024, which reinforce the principle of effectiveness of Directive 93/13/CEE on abusive clauses. This determines that consumers must be protected against clauses that alter the balance of the contract and generate cost overruns that are not justified.
The hearing imposed the procedural costs of the first phase of the procedure to Unicaja, considering that the bank forced the client to go to court to defend their rights.
In spite of everything, he left the door open in cassation before the Supreme Court.