The Court of Justice of the EU has considered that limiting the retroactivity of the return of interest collected in excess by the bank by virtue of the floor clause is contrary to community law, which opens the door to claim from the bank all the money that has been received in excess, since the signing of the loan contract.

On January 21, 2017, Royal Decree-Law 1/2017 was published and entered into force, which establishes the procedure for out-of-court claims or prior claims to be filed with the bank, for the recovery of said amounts.

On the other hand, the payment of all the expenses, taxes and commissions derived from the mortgage loan, imposed by the bank, can also be claimed, as it is an abusive clause according to the Supreme Court Judgment of December 23, 2015.