Courts specialising in Ground Clauses (abusive clauses) - Cases

In 2017, the General Council of the Judiciary agreed to create specialised courts for litigation related to general conditions includedin financing contracts with real estate collateral whose borrower is a natural person, known as floor clause cases. Subsequently, and by means of successive agreements, the General Council of the Judiciary has maintained thes pecialisation of some of these courts, being abolished in other cases.

This panel shows, among other aspects, visualisations and information on the volume of incoming claims in this area, as well as the rulings handed down.

In order to know the status of these judicial bodies, datais provided from the quarterly bulletins collected by the General Council of the Judiciary from the third quarter of 2017 to the latest available.

The data includes:

·Those relating to the movement of cases: entry into the judicial bodies (lawsuits filed) in the selected period; cases resolved in the period.
·Number of judgments, final orders and decrees issued in the selected period.
·Number of appeals, against orders and judgments, lodged during the period for processing by the provincial courts.
·Number of appeals returned by the Provincial Courts once they have been resolved, classified as those that totally confirm the initial decision, totally or partially revoke it or annul it.
·Number of appeals for the selected period, and number ofthem actually held in the same period and, from 2018 onwards, differentiating whether they are preliminary hearings or trials.

1.Thematic:
Sectoralinformation.

2.Indicators:
CASES:
- Casesfiled: total number of floor clause cases filed in the courts in the indicatedperiod.
- Casesresolved: total number of floor clause cases resolved in the courts in the indicatedperiod.

APPEALS:
- Appealslodged: total number of appeals lodged with the provincial courts concerningfloor clauses in the period indicated.
- Appealsreturned fully upheld: total number of appeals returned to the courts by theprovincial courts in the period indicated, fully upholding the initialdecision.
- Appealsreturned with full reversal: total number of appeals returned by the provincialcourts to the courts in the indicated period with full reversal of the initialdecision.
- Appeals returnedwith partial reversal: total number of appeals returned by the provincialcourts to the courts in the period indicated, partially reversing the initialdecision.
- Appealsreturned annulling: total number of appeals returned by the provincial courtsto the courts in the period indicated, annulling the initial decision.
- Ratio ofappeals against judgments: ratio of appeals filed against judgments compared tothe total number of judgments issued.
- Ratio ofappeals against orders: ratio of appeals lodged against orders compared withthe total number of orders issued.

FINALDECISIONS:
- Finalrulings: total number of final rulings on floor clauses handed down by thecourts in the period indicated.
-Judgments: Judgments are broken down into judgments in ordinary proceedings andin oral proceedings.
- Finalorders: orders are broken down into measures and declaratory proceedings.
- Finaldecrees: final decrees in declaratory proceedings. Only those that terminatethe proceedings or prevent their continuation are counted. If a judgment orfinal order has already been issued, no decree is counted as final.

APPOINTMENTSBEFORE THE JUDGE:
These arebroken down into appointments in trial proceedings and in pre-trial hearings.
-Appointments made: total number of trial proceedings/preliminary hearings inthe area of floor clauses appointed by the courts in the period indicated.
-Appointments made: total number of trial proceedings/preliminary hearings onfloor clauses held by the courts in the period indicated.

3.Geographicalscope:
Theinformation covers the whole of the national territory. Data is published atnational level, by Autonomous Community, province and court.

4.Applicationbodies:
Judicialbodies.

5.Timecoverage:
Informationon a quarterly basis, with data available from the 3rd quarter of YYYYY to the2nd quarter of YYYYY.

6.Updatingof data:
The data isupdated on a yearly basis.

7.Standardisation processes:
We proceedto the standardisation of the geographical data in accordance with the CTEAJETechnical Regulations (reference standard for IT tools in the field of theAdministration of Justice).

8.Adjustment:
No seasonaladjustment, time series decomposition or similar methods are performed.

9.Source:
The data isobtained from information recorded in the quarterly bulletins of the GeneralCouncil of the Judiciary.