Overview
- The Civil Chamber upheld Kutxabank’s cassation appeal, overturning a 2017 judgment tied to an IRPH mortgage.
- A separate appeal brought by borrowers in Girona in 2021 was dismissed.
- The court declined to set a single nationwide remedy and instructed judges to examine each contract based on the facts proved.
- Lower courts must apply the “average consumer” transparency test informed by 2024 European Court of Justice guidance, which allows annulment in some cases.
- The decisions are portrayed as a notable lift for banks, particularly Kutxabank, while leaving thousands of IRPH disputes to be resolved individually.