Tuconfin gets first victory in cassation and it establishes a very important precedent for Barclays mortgages
The Supreme Court has annulled a negative provision of the Milan Court of Appeal, and finally has given substance to the complaints about loans indexed to the Swiss franc. This is a victory that marks the beginning of a new course for all those affected by Barclays, whose contracts must necessarily be reread by the judges to examine the clarity of the clauses on the determination of interests and the exchange relationship.
It is clear that this judgement marks a before and after in justice and it will be highlighted in on going litigation and those to be initiated. This judgement establishes that contracts concluded with consumers, clauses drafted in an unclear way can be classified as abusive and, therefore, declared void, if they determine a significant imbalance of the rights and obligations derived from the contract for the consumer and even if they refer to to the own determination of the contract´s object .
This result has only been possible thanks to the Tuconfin team, whose cause ASUFIN has supported from the beginning, and Prof. Alberto Tedoldi and Daniela Parisi, who have managed to beat Barclays despite the negative positions of many judges, who will now have to abide by the direction of the Supreme Court.
