The Provincial Court of Málaga has confirmed the nullity declared by the Court of First Instance by which the IRPH must be replaced by the Euribor, without waiting for the Supreme Court to pronounce again on this mortgage index after the ruling of the Court of Justice of the European Union.
The ruling of the Sixth Section of the Provincial Court of Málaga confirms the one issued by the Court of First Instance of Marbella (Málaga) which had annulled the reference to this index, reaffirming the status of the borrowers as consumers.
The judges, after analyzing the proceedings, understand that the clause referred to in the IRPH does not exceed the control of transparency, since no information had been given to the clients; "moreover, from the documentary provided with the answer to the demand it does not appear that any information was provided regarding the operation of this index". Read more
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