The Unresolved Issues Regarding IRPH: Transparency, Abusivity and Integration

Abstract

The approach adopted by the Supreme Court regarding the transparency and unfairness of IRPH clauses has been highly criticized. First, because it incurs in important contradictions in relation to its previous doctrine, assuming a less reasoned and unfavorable position for the consumer that in relation to floor or multi-currency clauses. Second, because it does not correctly interpret the jurisprudential doctrine of the European Court of Justice, adopting decisions contrary to those that would result from its proper interpretation. Bearing the above in mind, in the following lines we will try to explain as clearly as possible the arguments sustained by the Supreme Court and the European Court of Justice on this matter, in order to identify the main shortcomings that in our opinion they raise.