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This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
We’re excited to report some good news for Spanish mortgage holders fighting against banks because of abusive floor clauses in their loan contracts. According to the latest judgement from the European Court of Justice, you may now claim the full amount from the date of signing the contract.
This landmark sentence overrides the Spanish Supreme Court decision and allows mortgage holders to claim compensation for all the money paid in the unfair concept of floor clauses (cláusula suelo in Spanish).
At Costaluz Lawyers, we welcome this latest ruling and believe it marks another step towards fair and just contracts for mortgages in Spain.
Quick next steps (recommended):
- Spanish Mortgage Claims (2026) — what to send for a deed review
- Clause checklist: abusive terms a Spanish mortgage may contain (updated)
Full retroactivity for floor clauses
Get a free written analysis of your case
Email your questions to marialuisa@costaluzlawyers.es and our team gives you a free, personalised written analysis — you can attach any documents or forms. Once everything is clear in writing, we offer an optional free introductory call. The initial written analysis carries no fee (international tax consultancy starts from €200 + VAT).
Email your case → marialuisa@costaluzlawyers.es · WhatsApp · Book the optional intro call
FAQs — Floor clause claims in Spain
Can I claim if my mortgage is already repaid?
In many cases, yes. What matters is whether the floor clause lacked transparency and how it was presented at signing.
How do I spot a floor clause in the deed?
Look in the interest-rate section for wording that sets a minimum rate (“tipo mínimo”), even when Euribor falls.
What do you need for a quick review?
Your mortgage deed (“escritura de préstamo hipotecario”) and any repayment history you have (even approximate).
If you want a fast review, send your mortgage deed here: Contact CostaLuz Lawyers.
Key takeaway: A floor clause can keep repayments high even when Euribor falls. The key issue in claims is transparency—how the clause was drafted and explained at signing.
What to check in your deed (quick):
- The interest-rate section (“tipo de interés”) for any wording that sets a minimum rate (“tipo mínimo”).
- Whether the clause was clearly explained at signature (transparency is key).
- If repayments stayed high during low Euribor periods, that’s a common red flag.
More mortgage topics: Mortgage Claims in Spain (Hub).
Want the full 2026 overview (IRPH, fees, expenses + recovery ranges)? See: Spanish Mortgage Claims (2026).
On May 17th, the European Court of Justice confirmed full retroactivity for claims on amounts paid for floor clauses. The latest ruling ratifies the ECJ’s previous sentence made in December last year.
It states that money paid unduly for floor clauses in Spanish mortgage loans may now be claimed from the date the contract was signed. In practical terms, this means you can claim for amounts paid for the duration of your mortgage.
Read the 2026 master guide: Spanish Mortgage Claims — abusive clauses, typical refunds, and what to send for a deed review
Spanish sentence no longer applies
The ECJ sentence overrules the Spanish Supreme Court’s decision in 2013 to not apply retroactivity, but rather to allow claims from the date of a court decision. EU law and sentences take precedence over Spanish law and sentences and as a result, Spain must now abide by the latest ECJ decision.
The ECJ sentence also means that if you are already in the process of claiming a refund of money paid for a floor clause, you may now claim for the full period.
Floor clauses in Spanish mortgages
Including a floor clause in Spanish mortgage contracts was, until recently, a common practice among banks. The clause included an interest rate limit, effectively capping any benefit from a decrease in the Euribor interest rate. As a result of the clause, loan payments for thousands of mortgage holders in Spain did not go down in tandem with the Euribor.
The floor clause has since been declared abusive and unfair to the consumer. Consequently, Spanish banks have received an avalanche of claims for compensation for payments made in excess of the Euribor rate.
The latest ECJ sentence extends this compensation to cover the entire length of the mortgage loan. In some cases, the claim will cover many more years and entitle the mortgage owner to considerably more compensation.
Find out how to recover money from abusive mortgage clauses in Spain (2026 guide)
Help with claiming against abusive clauses in Spanish mortgages
At Costaluz Lawyers, we are pioneers in fighting for consumer rights in Spain, particularly against banks. We, therefore, welcome this latest sentence and see it as an important step toward better consumer retribution.
If your Spanish mortgage includes a floor clause or any other clause that may be considered abusive, get in touch with our legal team now. We will be more than happy to provide expert advice on how to proceed with your claim for compensation.
Which abusive clauses do we check in your Spanish mortgage?
- Floor clause (Clausula suelo) — hidden minimum interest rates
- Abusive late payment interest — rates exceeding legal limits
- Mortgage expenses — notary, registry, and management fees unlawfully charged to the borrower
- Opening commission — upfront fees that may be reclaimable
- Early maturity clause (Vencimiento anticipado) — allowing the bank to demand full repayment after minor defaults
- IRPH — a mortgage index consistently higher than Euribor, often applied without adequate transparency
- Multi-currency clauses — loans denominated in foreign currencies exposing borrowers to exchange rate risk
If any of these apply to your mortgage, you may be entitled to a refund. Request a free mortgage review
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
Buying or selling property in Spain?
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Related guide: our guide to mortgages in Spain for non-residents.
Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — Updated 2026
This is general information, not definitive legal advice — every case requires individual analysis.
2026 overview: abusive mortgage clauses in Spain and what banks must repay →