MEP Tineke Strik (Verts/ALE) has raised concerns that Spanish banks may be applying stricter mortgage conditions to nationals of other EU member states and Spanish nationals residing abroad, potentially breaching EU law on free movement, non-discrimination, and consumer protection. In a parliamentary question submitted on 17 June 2026, Strik challenges the compatibility of such practices with Directive 2004/38 on free movement, the Charter of Fundamental Rights, and EU consumer credit directives.
The question targets the Bank of Spain's Compendium of best banking practice criteria, which reportedly allows banks to adopt a more stringent approach to creditworthiness assessments for non-resident EU citizens. Strik asks whether imposing less favourable conditions based solely on residence in another member state violates Articles 21, 26, and 45 of the Charter, which guarantee non-discrimination and free movement rights. She also queries whether banks must ensure that mortgage offers to such nationals respect the proportionality principle under Directives 2023/2225 and 2014/17 on consumer credit and mortgage credit.
Strik's third question seeks to identify safeguards that banks should implement to prevent indirect harm or penalties for Spanish nationals who have exercised their free movement rights, and to avoid unequal treatment or discrimination. The European Commission is expected to respond within approximately six weeks, and its answer will signal the EU executive's interpretation of the balance between national banking practices and fundamental EU freedoms. The issue affects EU citizens living abroad, Spanish expatriates, and the banking sector, as well as consumer protection standards across the single market.