El principio de no vinculación de cláusulas abusivas conforme a la reciente jurisprudencia del TJUE

Abstract

The controverted floor clauses have now turned out to be a legal issue of great interest in the sphere of abusive clauses and consumer protection. The European Court of Justice has expressed its view recently over these clauses and has concluded that the Spanish State cannot modulate the nulity effects of an abusive clause as it goes against the principle of non-binding and deterrant effect of the European Council’s 93/13/CEE Directive that was emitted the 5th of April 1993, on abusive clauses in contracts celebranted with consumers. With this, the European Council has come to establishthe obligation of providing consumers a complete restitution of the amounts of money that were unfairly paid by the customers. Without a doubt, this judicial sentencia has highlighted the long way towards the European Integration process that we still have to go through, driving forward new and specific policies a protection that is not only real, but equal to any European Consume.