Although the nullity of the floor clause is now indisputable, the issue to be resolved by the CJEU in this historic ruling is about the temporal limitation on the return of amounts unduly paid by customers set by the Supreme Court. In other words, the CJEU must decide whether banks should also return the amounts paid before that May 9, 2013.

The law firm Azucena Libran wishes, as it believes it is a matter of Justice, that the CJEU rules in favor of those affected, since the opposite would contravene what is established by Article 1.303 of our Civil Code, the criterion of absolute retroactivity already endorsed by some of our judges and even by the European Commission in the report to the parties that it has formulated precisely on the aforementioned preliminary question. It will now be the Court of Justice of the European Union that has to interpret and define the effects of the nullity of the floor clause.