Spain’s Landmark Supreme Court Decision on BLS: A Turning Point for UK and International Visa Applicants
Spain’s Supreme Court has issued a groundbreaking ruling, STS 1324/2025, October 21, 2025, that fundamentally reshapes visa processing for the more than 1.5 million people who apply for Spanish visas annually, including thousands of UK residents. The decision establishes that BLS International, Spain’s outsourced visa service provider, must be treated as an integral part of […]
Why Does the Judge Speak So Much?
British clients who attend court in Spain often ask me the same question: “Why is the judge doing all the talking?” For anyone familiar with the English courtroom, where judges sit silently as barristers argue, the Spanish scene can feel unsettling. A magistrate in Madrid may cut into a witness’s testimony, demand further evidence, or redirect […]
Navigating Spain’s Golden Visa After the New Immigration Law Reform
The Investors residence permit (also known as golden visa) has been one of the most popular vehicles used by non-European expats in order to start a life in Spain. Between 2019 and 2020, before Brexit fully took effect, some UK citizens secured Spanish Golden Visas through property investments in anticipation of losing EU free movement […]
Trapped in a Multi-Currency Mortgage in Spain?
How Del Canto Chambers Can Help You If you entered into a mortgage in Spain – whether with a Spanish or international bank – and that loan was offered as a multi-currency mortgage (for example, denominated in Swiss francs or Japanese yen on a Spanish property), you may now face unexpected financial and legal consequences. The problem […]
Challenging Spanish Tax Office’s notification system to UK residents
Del Canto Chambers Spanish tax team, led by Paula Losada has recently achieved a significant victory against the Spanish Tax Authorities in an administrative court (Juzgado Central de lo Contencioso-Administrativo nº 2 de la Audiencia Nacional). In 2019, a Spanish tax resident client faced a tax inspection regarding their 2015 Income Tax Return. The Spanish […]
Mortgage expenses “to be refunded in full”, says the European Court of Justice
Mortgage expenses “to be refunded in full”. Once again, the ECJ corrects the jurisprudence of the Spanish Supreme Court, on this occasion with regards to the mortgage expenses and the mortgage opening fees. A judgement has been handed down in the Court of Justice of the European Union (CJEU) on 16th July 2020 relating to several issues […]
Post-COVID19 insolvencies in Spain: Apocalypse now?
Post-COVID19 insolvencies in Spain: Apocalypse now? As we reported in our previous legal alert, the state of emergency has practically suspended all non-urgent activity before the Spanish courts, and specifically those proceedings related to commercial and business matters. Accordingly, despite the severe circumstances affecting companies in financial distress due to their lack of activity, the […]
Del Canto Chambers Press Note on COVID-19
Dear Clients Del Canto Chambers Press Note on COVID-19. Due to the recent communications issued by several Official Sources advising companies to promote the teleworking in those zones where there is a high risk of transmission of the so called Virus Covid-19. Our Firm has decided to put in practice these measures in order to […]
The European Court of Justice ruling on IRPH Spanish mortgage loan clauses
The European Court of Justice ruling on IRPH Spanish mortgage loan clauses. The court handed down judgment on 3 March 2020, granting consumers affected by the index reference for mortgage loans (IRPH) a new chance to claim against Spanish banks. An alternative to Euribor, the IRPH is a mortgage indicator for interest rates applied in […]
The new strategy of banks: request the testimony of the borrowers
The new strategy of banks: request the testimony of the borrowers. Banks are up against the wall. Especially with regard to floor clause claims. The Bank’s chances for obtaining a ruling in favour of their interests are very unlikely. Especially, after the ruling of the Court of Justice of the European Union 21/12/2016. Although the […]
The OCU appeals the decision of the CGPJ to create specialized courts for floor clause claims
The OCU appeals the decision of the CGPJ to create specialized courts for floor clause claims. This isn’t the first time that from Del Canto Chambers, we inform on the disadvantages of the creation of Ad Hoc Courts for floor clauses. In our article published last month #MortgagedJustice. The bank claims: a hard journey. We […]
If you violate her, you violate me!
If you violate her, you violate me! Spaniards have taken to the streets to protest the verdict of five men accused of raping an 18-year-old woman at the ‘Running of the Bulls’ in Pamplona. According to Spanish Barrister and feminist, Leon Fernando Del Canto, sexual aggression or ‘rape’ is defined by Article 178 of the […]
Spanish floor clause and mortgage expense complaints registered with Banking supervisor soar 178% in 2017
The claims service of the Bank of Spain has been overwhelmed by consumers making complaints against lenders for abusive mortgage interest floor clauses, and set-up costs. The Claims Service of the Bank of Spain is a body that evaluates consumer complaints against financial service companies. The Bank of Spain has revealed that there were 40,173 […]
The Supreme Court rules in favour of the banks for mortgage expenses
The Decision has already aroused the first controversies in the Spanish legal scene and in the Consumers Associations that will undoubtedly raise this case to the European Court of Justice which will have the last word to say. It is not the first time that the CJEU corrects and amends the decision of the Spanish […]
98% of mortgage floor clause claims completed in 2017 were successful
As was expected after EU Court of Justice ruling in December of 2016, Spanish banks have little hope of defending themselves against legal claims brought by clients with abusive clauses in their mortgages. The effectiveness of the extrajudicial methods for avoiding going to court is limited.Trying to settle out of court is not as effective […]
Floor Clause Claims Time to be patient – Spanish Courts collapsed”
In the old days – when it comes to floor clauses when I say “in the old days” I mean 2013-, floor clause matters were settled in Commercial Courts; one per province, except in large cities such as Madrid, Barcelona, Valencia and Malaga. These courts were created to take charge of bankruptcy proceedings and industrial […]
The Spanish courts are collapsing with the demands of floor clauses
The ground court courts receive almost 2000 lawsuits in one week through Lexnet, we read on June 13 at ConfiLegal. But what exactly is Lexnet and what is it used for? Lexnet is a secure information exchange platform between the judicial bodies and the legal operators that was created to streamline and optimize the management […]
Spanish Off Plan Deposit Claims
Now, time is essential for a successful reclaim of your off-plan property deposit. One of every five houses bought by foreigners in Spain, belongs to British Buyers; however, some of these buyers saw truncated their dreams, as they put their life savings into Off-Plan deposits for properties that were never built or that were […]
The floor clauses extrajudicial procedure, wastepaper for Spanish banks
The floor clauses extrajudicial procedure, wastepaper for Spanish banks The floor clauses affectees are claiming Spanish banking’s non-compliance of the extrajudicial procedure approved by the government two months ago. The Royal-Decree 1/2017 of 20th January approved by the government establishes an extrajudicial procedure to claim for floor clauses. It is in force for two months […]
The black spots of the floor clauses’ extrajudicial procedure
The black spots of the floor clauses’ extrajudicial procedure The extrajudicial process for the refund of the floor clauses leaves the consumers defenceless by making stealthy changes to their procedural rights. When the Court of Justice of the European Union ruled in favor of the total retroactivity of the floor clauses, consumers saw their rights […]
British owners in Spain can reclaim their lost money on off plan properties
British owners in Spain can reclaim their lost money on off plan properties After recent legal changes in Spain, buyers have the right to get back their property’s deposits on certain circumstances. The Spanish housing bubble was one of the most important 2008’s international crisis in this country. Thousands of citizens lost their properties or […]
War between banks and consumers for the return of the floor clauses
War between banks and consumers for the return of the floor clauses Banking and government delay compliance with ECJ ruling. The Minister of Justice, Rafael Catalá, recently announced that specialized courts in floor clauses may be designated with the aim of not collapsing the judicial system in the face of an avalanche of consumer complaints. […]
Del Canto Chambers is confident on the floor clauses' claims refund
Del Canto Chambers is confident on the floor clauses’ claims refund Our Managing Partner, León Fernando del Canto, has been quoted in an article, published by The Times, on the new floor clauses claiming procedure established in Spain: “The question on every borrower’s lips will be “How do I get my money?” — and, this […]
Del Canto Chambers thought as the well-placed firm to claim back for floor-clauses mortgages
Del Canto Chambers thought as the well-placed firm to claim back for floor-clauses mortgages The specialised website Spanish Property Insight has published an article, by market analyst and consultant Mark Stücklin, in which it has been quoted our Managing Partner, León Fernando del Canto, with regard to the recently approved Decree on floor clauses extrajudicial […]
Side B of the #floorclauses extrajudicial procedure
Side B of the #floorclauses extrajudicial procedure The #floorclauses extrajudicial procedure favours the banks instead of consumers As anticipated in our article “Floor clauses and smoke curtains”, the #floorclauses extrajudicial procedure regulated by the Royal Decree 1/2017 of 20 January has come to establish that banks continue winning this battle. This is not just a […]
How to claim for floor clauses mortgage loans’ expenses and other void credits
How to claim for floor clauses mortgage loans’ expenses and other void credits Floor clauses’ sentence triggered legal claims to recover mortgage’s arrangement fees and costs of mortgages loans affected both by said clauses and other void ones. In Spain, when signing a mortgage with a bank, the client is usually paying in full all […]
Del Canto Chambers considers a "smokescreen" the floor clauses' extrajudicial process
Del Canto Chambers considers like a “smokescreen” the floor clauses’ extrajudicial process Our Managing Partner, León Fernando del Canto, has published an opinion article in the journal Huffington Post in which he considers the new extrajudicial process that the Spanish government is trying to pass as a smokescreen to not to comply the CJEU’s sentence […]
The banking sector strikes back: mortgage loans increase after the ruling of the CJEU
The banking sector strikes back: mortgage loans increase after the ruling of the CJEU Spanish banks will increase credit to cope with a Euribor still at record lows and the CJEU ruling on floor clauses. Spanish banking has been in crisis for a number of years in the context of a low-margin and narrow-margin banking […]
A court recognizes the floor clauses' total retroactivity
A court recognizes the floor clauses’ total retroactivity A Basque court recognizes the floor clauses’ total retroactivity a few days before the CJEU’s final sentence. The costs for the banks could be up to E5.2bn. The Barakaldo’s First Instance Court (Basque Country, Spain) has admitted the floor clauses’ total retroactivity and it obliges a bank […]
The crisis hits but does not knock the Spain’s international presence out
Spain’s global presence both in the EU and worldwide remain steady, despite the crisis, according to the “Real Instituto Elcano’s” report “Elcano’s Report on Global presence 2016”. Spain keeps its political and economic presence in the international arena through the Elcano’s Global Presence Index (IEPG, in Spanish), Which is the result of an annual projection […]
Del Canto Chambers, a strong advocate of Spanish and British's axis.
Del Canto Chambers, firme defensor del eje hispano-británico Our Managing Partner, León Fernando del Canto, has published an article in “El País“, in which he bets again for maintaining the Spanish and British’s economic bonds against the Brexit’s generated uncertainty. With this article, written within the frame of the #embracespain campaign, Del Canto defends a […]
Spanish banks are facing massive trials for fraud during the housing bubble
A new wave of massive trials against Spanish banks is coming because of the investors’ lost money by property developers during the Spanish housing bubble. Spanish banks are facing a new case of multiple trials because of the lost money that investors paid to the bankrupted housing developers in the bubble’s years of 2004-2006. Developers […]
Holiday hell
Our Managing Partner, León Fernando del Canto, has published a new article at New Law Journal titled ‘Holiday hell’. This article analyses how the later CJEU’s Advocate General’s opinion on floor clauses’ retroactivity has affected not only Spanish citizens owning overpaid mortgages but UK citizens in Spain having holiday homes. To all of this is […]
Del Canto Chambers defines as "unfair" the ECJ's opinion on floor clauses
Our Managing Partner, León Fernando del Canto, published an article in the journal of luxury property Prime Resi on the subject of the ECJ’s Advocate General’s opinion on floor clauses and how it could affect British citizens owning a holiday home in Spain. According to León Fernando del Canto, the ECJ’s Advocate General’s opinion could […]
Premi Resi – The Rain in Spain
26-07-2016 | PRIME RESI The digital Media specializing in real estate, Prime Resi, published an article by our Managing Partner, Leon Fernando del Canto, on the recent decision of the Advocate General of the ECJ in relation to the non-retroactivity of provisions soil and how it will affect the owners of holiday homes.
The Times – Bad News for Brits with a Holiday Home in Spain
21-07-2016 | THE TIMES The well recognized newspaper, The Times, published an article by our Managing Partner, Leon Fernando del Canto, on the consequences for British citizens who have property in Spain due to the decision of the Advocate General of the ECJ in relation to non retroactivity of ground clauses.
Floor clauses and Brexit: this week’s hot topic
The CJEU’s Advocate General’s line on floor clauses and the Brexit’s economic consequences corners Del Canto Chambers’ reporting work last seven days. The work at Del Canto Chambers has been traced by the CJEU’s Advocate General’s statement on floor clauses and Brexit’s effects in the British economy this week. The Advocate General’s opinion of limiting […]
Bloomberg – Spanish Banks Surge as Fears Subside over EU Mortgage Ruling
13-07-2016 | BLOOMBERG The prestigious financial newspaper Bloomberg published an article by our Managing Partner, Leon Fernando del Canto, on how they are prepared Spanish banks for the effects of the recent stance of the Advocate General of the ECJ regarding the floor clauses.
The banking's fight back: floor-clauses vs zero-clauses
Spanish banks are getting ready to face the next CJEU’s Advocate General’s opinion on floor-clauses’ effects by implementing “zero-clauses” and by growing fixed interest mortgage’s sellings up. The next CJEU’s Advocate General’s line on floor clauses could erase them and to make banking give mortgagors back their overpaid amounts for their mortgages. This decision could […]
Spain Supreme Court decision: Swiss principal has Spanish PE through its subsidiary in Spain
Tax Controversy and Dispute Resolution Alert Spain Supreme Court decision: Swiss principal has Spanish PE through its subsidiary in Spain. Read more below: https://www.internationaltaxreview.com/article/b1f7n5zmjj6xfq/spanish-supreme-court-anticipates-the-effects-of-the-beps-project
