“The consequences of this sentence and of its particular votes have not yet ended, although we are not able to discern which path will be taken, either the Constitutional Court, the Court of Justice of the European Union, a new turn jurisprudential and even the criminal investigation of what happened in this fateful plenary », adds February 2019 Calendar Marathi. For his part, Ramón Casero, the lawyer who filed the appeal that led to the amendment of the law on the tax on mortgages, assures ABC that “with the new judgments of the Supreme Court the ways to claim the tax for previous cases they are considerably restricted ». However, Casero acknowledges that “the article of the Tax Regulation has been declared null and then would legitimize these new ways, however the majority of the Chamber comes to say that since the Regulation was a norm that interpreted or clarified the Law, then it is clear that its nullity will not have much significance.
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“On whether the Royal Decree-Law of the Government can give rise to future claims – as established by a court of Malaga in one of its sentences – Casero argues that this will be the current standard, but he does not believe “that it has interpretive or clarifying value for previous situations, although this claim will always fit”.
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The legal director of reclamador.es, Ramiro Salamanca, indicates that “with the content of this ruling and its particular votes the company deserves the admission of a new appeal for casational interest to leave settled unanimously all the fringes that the Majority sentence leaves open ».
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For their part, lawyers at Ático Jurídico point out in their blog that the approval of Royal Decree-Law 17/2018 could open the door to the claim to the Treasury of the AJD paid in the last four years.
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“On this subject is pronounced the magistrate Navarro Sanchís in his private vote, affirming that the mentioned Royal Decree-Law clarifies, in authentic interpretation, who is the passive subject of the AJD.
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In his opinion, this rule settled the issue, assuming the interpretation of the Supreme Court contained in the judgments of the 2nd Section of the Contentious Chamber, which the House has now considered wrong, “indicate the experts of Legal Attic, which conclude that” the possibility of claiming the AJD of the mortgage loans paid in the last four years is still open ».
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Before knowing the full content of the last sentence of the Supreme Court, different consumer associations said that the claim for mortgage expenses still had to travel in court.
«On future claims, I understand that its basis is in the field of consumer law and the possibility of claiming that the consumer has been imposed a burden based on a confusing rule that has February 2019 Calendar Marathi originated all this legal dispute and without possibility of negotiating because there was a rule that supposedly clarified the meaning, and subsequently has been declared null and void and expelled from the legal system, “adds Casero.