Key facts of the case:
The full First Chamber of the Spanish Supreme Court (Sala Primera del Tribunal Supremo, en pleno), fixed doctrine on the validity and the possibility of the judicial control ex officio of unfairness floor clauses incorporated in bank contracts with mortgage and variable interest concluded with consumers and users. In this relevant Judgement the Court assumes the jurisprudence of European Union Court of Justice in this sense, and declares the annulment by abusive of clauses that set a minimum interest rate or a minimum reference rate without special requirements of transparency in contract with consumers. The judgment states that the nullity of clauses does not affect the livelihood of the contracts or the amounts already paid.
However, as the European Court of Justice says in the Judgement of 21 February 2013, Banif Plus Bank Zrt, paragraph 29, to apply European Union law "the national court must also observe the requirements of effective judicial protection of the rights which the law of the Union confers on individuals, as guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union. Among these requirements is the principle of contradiction, which is part of the right of defence and the courts must respect in particularly when trench proceedings on the basis of a plea of its own motion".