Spanish Supreme Court rulings on the Mortgage Loan Reference Index (IRPH): definitive framework for monitoring transparency and unfairness
Our Dispute Resolution Area has prepared an analysis of the recent Supreme Court rulings on the Mortgage Loan Reference Index (IRPH), which determines the criteria to be applied by the courts when assessing the validity of clauses that reference mortgage loans to said index
Following the incorporation of the most recent CJEU criteria, the Spanish Supreme Court, despite considering that there is no single solution, has established a series of criteria applicable to multiple loans, detailing the parameters that should guide transparency and potential unfairness controls, providing greater legal certainty to the management and litigation related to the Mortgage Loan Reference Index.
The informative note can be found in the related documentation:
