The Court of Instruction number 38 of Barcelona (the same one that already raised the first consultation) is working on raising a new preliminary question to the CJEU, due to the lack of concreteness of both the European Court ruling and the Supreme Court ruling.
The Court of Justice of the European Union considered that the publication of IRPH in the BOE allowed the consumer to understand the calculation according to the average rate of mortgage loans over three years for the purchase of housing "so that this publication complies, for all cases, the requirements of transparency as to the composition and calculation of IRPH" similar to the conclusion reached by the Supreme Court.
Among the questions to be referred to the court is whether the obligation of transparency with the client is understood to have been fulfilled by the fact that the rate is published in the BOE and is controlled by the Bank of Spain. Furthermore, it is questioned whether the lack of transparency implies an abusive character, and if so, whether it could lead to the nullity of the contract, whether the client should be asked if he wants the nullity of the contract or the integration of it. Read more
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