36In the present case, the fact that the conclusion of the novation agreement at issue in the main proceedings forms part of a general policy of renegotiating mortgage loan agreements subject to a variable interest rate and including a ‘floor’ term, initiated by Ibercaja Banco following judgment 241/2013 of the Tribunal Supremo (Supreme Court) of 9 May 2013, could be an indication that XZ was unable to influence the substance of the new ‘floor’ term.
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