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NEW SETBACK OF THE SUPREME COURT TO FINANCIAL INSTITUTIONS FOR THE MARKETING OF MULTICURRENCY MORTGAGES

Last March 2019, the Supreme Court issued a new ruling (STS 158/2019, of March 14) regarding the marketing of multi-currency mortgages between consumers and financial institutions. As in previous rulings, the Court reiterates its position of maximum protection for consumers in cases in which this type of transactions have not been carried out with all the required guarantees. In the case in question, the plaintiffs are a married couple with university studies and investment experience who in 2007 took out…

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The IRPH under European scrutiny

The Advocate General affirms that this reference index is susceptible to transparency control with the legal and economic consequences that this entails. The Advocate General of the Court of Justice of the European Union is clear: the abusive nature of the IRPH can be determined by the Spanish Courts as a consequence of its possible lack of transparency. Spanish judges are facing a complicated autumn or at least a busy start of the judicial course; despite the fact that in…

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