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Spanish justice will decide whether IRPH is abusive

  • The European Court has argued that cases of IRPH abuse should be tried by the Spanish courts. Cases should be examined individually to determine whether purchasers were able to understand mortgage clauses.

03 March 2020 - 11:49
IRPHaren aurkako protesta. Argazkia: eldiario.es.

The Mortgage Lending Reference Index (IRPH) is as legal an index as the Eurybor, but with strong growth in relation to it. Those affected, in addition to their mortgage price, paid between 200 and 300 euros more per month. Between EUR 18,000 and EUR 21,000 in the entire mortgage.

The complainants have accused the banks of lack of transparency, alleging that the terms of these mortgages were not explained and that they therefore bought them. The judgment of the European Court (ECJ) has opened the door to this argument, claiming that the argument of lack of transparency is possible. However, it has not issued a favourable judgment, but has left in the hands of the Spanish Justice the decision to investigate each case and to make it the one that begs if it has been an abuse.

In the Spanish State there are more than 1.3 million people affected by the case of IRPH. The individualized analysis of each case can lead to the collapse of justice. Many have defined the European judgment as ambiguous, although they have warned that the loan clauses should be sufficiently understandable to all, they have not stolen whether the loans were understandable or not.

Finally, if the Spanish courts conclude that in some cases these are abuses, the European Court has proposed that the index be replaced by another legal index, even if it involves cancelling the mortgage.

For the banks, an increase in the stock market has been detected after the judgment. The handing over to the Spanish Justice of the abuses can have positive consequences for the banks, as the Supreme Court had already given the banks the reason.


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