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Mortgage Loan Reference Indexed (IRPH) clauses. The ECJ rules that they are not abusive per se but it puts the ball back in the...

The ECJ issued yesterday its judgement in connection with case C-125/18 regarding the potential abusive nature of a clause governing a floating interest rate indexed to the Mortgage Loan Reference Index (IRPH) included in a...more

Spanish Supreme Court position on the effects of nullity of early termination clauses

On 11 September, the Spanish Supreme Court, in a plenary meeting, has issued ruling number 463/2019, stating its criteria on the effects of nullity of early termination clauses included in consumer mortgage loan agreements....more

Report of the General Advocate of the European Court of Justice (ECJ) on a Mortgage Loan Reference Index (IRPH) litigation

General background of the dispute in the main proceeding - In the context of a claim of a consumer against a Spanish bank regarding the potential unfair nature of a IRPH indexed floating interest rate clause, the First...more

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