67In the present case, in its judgment of 9 May 2013, to which the national courts refer, the Tribunal Supremo (Supreme Court) held that the finding that the ‘floor clauses’ in question were unfair affected neither situations in respect of which a judgment with the force of res judicata had been given nor payments made before the date of delivery of that judgment and that, consequently, the consequences stemming from that finding, inter alia the consumer’s right to a restitution, were limited, in the light of the principle of legal certainty, to the amounts overpaid after that date.
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