The Civil Chamber I of the Supreme Court has recently confirmed the abuse of the commission of 2 euros in a sentence Kutxabank For every cash deposit in the bank’s accounts by third parties, including additional information (concept) in the receipt at the request of the ordering party, and to be paid by the person who ordered the deposit. The High Court confirms the sentence to the entity for terminating the said contractual clause by its general terms.
The court highlights that the expression of the concept of income and its inclusion in the written receipt issued by the financial institution “lack their own originality, which constitutes a cash service paid by the Maintenance Commission, which it considers a The service is added to the cash deposit itself and is able to receive remuneration by any other commission.
“As a result,” adds supremo-, since this cash service is remunerated by a maintenance fee paid by the account holder, charging a third party who collects an additional fee is unreasonable and in accordance with paragraph 3.1, second paragraph of Order EHA/2899/2011 is opposite. The Ministry of Economy and Finance on Transparency and Security of the Customer of Banking Services, “because it does not remunerate any effective service already subject to remuneration by the customer in the Account Maintenance Commission”.
There was a lawsuit from the origin of the trial Association of Basque Consumers and Users Eka/Acuv against Kutxabank, in which it takes an injunction at the request of the ordering party with respect to the collection of a commission of 2 euros for each cash deposit made by third parties with additional information (concept) included in the receipt is applicable to the person making the payment, and a commission of 2 euros for each standard receipt paid in cash, applicable to the person making the payment.
The Commercial Court No. 1 of Vitoria fully upheld the claim and sentenced the institution to the abusive practice and to abolish the clause. The Alva Court confirmed the decision, and now the Supreme Court does so by dismissing Kutxabank’s appeal.