El control de la comisión de apertura conforme a la doctrina del TJUE y del Tribunal Supremo

Abstract

The control of the arrangement fee has had several chapters within the doctrine of the Supreme Court and the CJUE: the STS of January 23, 2019, the SCJUE of July 16, 2020, the subsequent SCJUE of March 16, 2023 and the recent STS of May 29, 2023, which has already been reflected and opposed in various resolutions of Provincial Courts. In this paper, all these sentences are analyzed and commented, examining the controls that the judge must apply with respect to this commission, the criteria and aspects to be taken into account for that control and concluding that despite everything the controversy is still not completely settled. In fact, it is maintained especially in the aspect that was fundamentally the most controversial among our courts, that is, the effective proof of the services provided and that are intended to be remunerated with the arrangement fee; apart from the effective development by the judge of the so-called „trial of reasonableness“