The General Council of the Judiciary (CGPJ) has announced this Thursday the closure of another 20 courts specialized in abusive clauses from 2022. Thus, the plan already started last year to gradually eliminate this type of organs in those places where conflict it is lower it advances. As of next year, only 24 provinces, less than half, will have specific courts to which all matters related to mortgages will go (from floor clauses to early maturity, through IRPH, multi-currency and all matters that have caused litigation in the loans). Of those 24, 13 are expected to keep them throughout the year, while in the remaining 11 the governing body of the judges has decided to establish a six-month extension.
Courts specialized in abusive clauses were appointed in mid-2017 to prevent the avalanche of cases foreseen by the Spanish justice system, especially after some European judgments that rectified the interpretation of the Supreme Court on some mortgage contracts, from saturating the courts. The plan was always criticized by certain judicial and consumer associations, especially because by establishing a single body per province (except in the insular ones, where one per island was established) it led to the most populated territories, and where there are more issues, to collapse. . This occurred but, as the years went by, a dual situation developed: while in the large provinces the specialized courts continue to add thousands of unsolved cases, in the small ones the workload was decreasing and it did not justify maintaining a dedicated court in exclusive (these were not created again, but one was determined on the existing ones to centralize mortgage litigation).
Thus, already in eight Spanish provinces (Ávila, Soria, Segovia, Lugo, Ourense, Huesca, Teruel and La Rioja) the cessation of specialization was decided a year ago, to which Zaragoza joined because the Superior Court of Justice of Aragon he considered that it was not necessary to maintain it. In the coming year, another 20 organs (in A Coruña, Albacete, Almería, Córdoba, Cuenca, Girona, Granada, Guadalajara, Huelva, Jaén, Lleida, Palencia, Pontevedra, Salamanca, Tarragona and Zamora; as well as in the islands of Ibiza, Lanzarote, Gran Canaria and Fuerteventura) will take that step. In all of them, therefore, when there is a mortgage issue, it will be distributed among the courts of first instance.
In addition, specialized courts will be maintained in 11 territories, but the CGPJ has decided to extend this situation only until June 30. When that date approaches, he will be able to decide a new extension, although in reality with this step he already indicates that they are on the way to disappearance. These are Álava, Asturias, Burgos, Cantabria, Castellón, Ciudad Real, Gipuzkoa, Navarra and Toledo. To these are added those of Badajoz and Cáceres, which have a peculiarity with respect to the previous ones, since in those provinces they are exclusive but not exclusive. In other words, all the abuse cases related to loans go to a specific court, but this court also welcomes matters of another nature.
Finally, 24 provincial capitals maintain the courts specialized in mortgage litigation throughout 2022. They are those of all the provinces not mentioned above, plus Palma (Mallorca) and Santa Cruz de Tenerife. The criterion that has been followed for this, explains the CGPJ, is that more than 2,000 new cases have been registered in recent times (between October 2020 and September 20 of this year) and, in turn, that they have more 1,500 pending issues.
Judging by these criteria, and according to the data handled by the governing body of the judges, some may still have a long life left: Madrid, with 15,139 new cases entered and more than 70,000 pending, is the one that shows the greatest saturation. But Barcelona is close to 30,000 cases still to be solved and Seville exceeds 15,000. The more than 11,000 new cases that the Cadiz court has received since October last year are also striking. Since its inception, these courts have received more than half a million cases, more than 300,000 have been resolved in an overwhelming percentage of cases, the bank client was agreed.