Overview
- The Civil Chamber issued two rulings that reject a blanket finding on the transparency or abusiveness of IRPH clauses.
- Judges must assess the facts of each mortgage to determine whether borrowers were clearly informed about the index.
- Kutxabank won its cassation appeal against a 2017 judgment, marking a notable legal victory for the lender.
- A separate appeal filed in 2021 by two borrowers from Girona was dismissed by the court.
- The decisions follow 2024 guidance from the EU Court of Justice allowing annulment in certain cases, which Spanish courts must apply to individual disputes.