The First Chamber of the Supreme Court has declared abusive that a banking entity charges for an overdraft in an account if it is not providing any service that justifies the commission.
The Supreme Court’s ruling was due to a Kutxabank client’s claim against a clause that charged around € 30 for the “debit positions claim commission” each time the account was negative.
The Supreme Court concludes that the clause did not meet the conditions imposed by the Bank of Spain for this type of procedure, since it was raised as an automatic claim that did not take into account the circumstances of the default.
Thus, the Supreme Court dictates jurisprudence and establishes that for these clauses to be legal, they must meet two requirements: that they remunerate a real service provided to the client, and that the expenses of the service have been effectively realized.
Under these two premises, banks cannot charge for services that customers have not requested or accepted, which must have been informed personally and in advance of the amount they will have to pay for that service.