The dispute in the case was mainly the consequence of the fact that the terms of the parties loan agreement did not include a provision on the calculation of the fee despite the legal obligation to do so and whether Ó and M were entitled to the fee.

The Supreme Court’s judgment stated that, among other things, when the overall assessment of the substance of the collateral, the position of the parties, events during the award of the contract and events that occurred later, it would not be accepted by Ó and M that it was considered unfair or contrary to good business practice that Í should carry out the terms of the collateral on the payment of the payment fee. Therefore, it would not be possible to defer the terms of the collateral and the agreement between the parties on payment of the payment fee on the basis of Article 36 of Act No. 7/1936. The conclusion of the appealed judgment on the injunction against Í was confirmed by Ó and M’s claim for the reimbursement of the payment fee in whole or in part and for the costs of the case.