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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.