EUCJ and IRPH: Is the matter finally resolved?
DOI:
https://doi.org/10.36151/rcdi.2025.808.10Keywords:
IRPH, negative differential, Circular 5/1994, Circular 8/1990, nullity, mortgage loans, transparency, economic burdenAbstract
The various preliminary questions referred to the CJEU have shared certain common denominators, with their variations over time. This commentary seeks to consolidate the most recent case law to relate it to other CJEU decisions, banking regulations, and thereby attempt to draw a series of conclusions. These conclusions could potentially present compelling reasons to modify the doctrine of the Supreme Court.
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