mortgages with IRPH are not abusive

The Supreme Court has resolved the first three appeals filed by bank clients against mortgages referenced to the IRPH (Reference Indices for Mortgage Loans) after last November the Court of Justice of the European Union (CJEU) resolved the preliminary rulings raised by three Spanish courts in relation to the alleged abusive nature of these mortgage clauses. And in all of them, the Civil Chamber of the high court has decided, ratifying its previous jurisprudence and in accordance with what was decided by the European Justice, to estimate the appeals filed by banking entities and annul the sentences that declared mortgage loans subject to IRPH to be abusive.

In one of these sentences, in which the client of an entity obtained in the first instance, and on appeal, that the courts declare the nullity of the clauses of the contract related to the IRPH index as abusive -and that condemn the bank to recalculate the installments of the loan applying the Euribor as a reference index return the amounts that for interests it had charged in excess by virtue of the null clause-, the Supreme rejects that it can be spoken of the existence of an abusive clause.

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