The Supreme Court will finally rule on the legality of mortgages linked to the Mortgage Loan Reference Index (IRPH) next Wednesday, October 21, after the plenary session of September 30 was suspended due to the president of the First Chamber having to keep in quarantine.
The High Court will therefore meet on Wednesday to hear five appeals which have been admitted to the Court. According to legal sources consulted by Europa Press, the following cases are expected to be admitted
On 3 March, the European Court of Justice ruled that the IRPH must be subject to the judicial control of the Spanish courts, which must decide whether it is a question of unfair terms included in mortgage contracts.
However, most judges agree that the Luxembourg ruling did not dispel the doubts, especially since after it was made public contradictory judgments have been handed down which annulled the index in the first instance and then ended up being considered valid at provincial level, or even proceedings in which the term was declared abusive and void, decreeing that the contract would be maintained but free of charge. Read more
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