Post by account_disabled on Mar 6, 2024 23:25:58 GMT -5
In relation to the imbalance of benefits to the detriment of the consumer, remember that in a previous ruling, C-421/14 , established that, to determine the existence of said imbalance, the national judge had to compare the method of calculating the IRPH type with the calculation method of other types commonly used in the market for similar amounts and terms, and their respective effective results. In this new scenario, on July 26, 2023, the. Provincial Court of Palma de Mallorca , Fifth Section, has issued a ruling confirming the lower court ruling and, consequently, also confirming the validity of the clause relating to the IRPH Cajas rate , understanding that STJUE C-265/22 contributes little. in relation to the transparency trial.
Court of Justice of the European Union (Photo Archive) This is the first ruling by a Spanish court after the aforementioned CJEU ruling, at the expense of knowing any ruling from the Supreme Court which, for the moment, as commented by José María Erausquin , author of several preliminary rulings with Fax Lists Maite Ortiz from Res Abogados, has been inadmissible. all the cassation appeals that are planned “because it is considered that, in all cases, the object of litigation has disappeared.” For Erausquin, “this ruling confirms that “if the transparency parameters with which the Spanish judges have been carrying out the transparency trial are already sufficient to declare that the clause that incorporates the IRPH Cajas type is deemed to lack transparency, adding new transparency parameters Transparency contributes nothing .
However, "it forgets that the aforementioned ruling C-265/22 must not only be linked to the transparency control to which the clause relating to the IRPH Cajas rate must be subject, but it must also be linked to the abuse trial , since we cannot ignore that, in paragraph 69, it establishes that the content of the information contained in Circular 5/94 of the Bank of Spain is relevant, both for the purposes of the transparency trial and the abuse trial, mandate that the Provincial Court of Palma de Mallorca, Fifth Section, ignores.” This lawyer highlights that the Court of Palma de Mallorca "continues to apply this novel and improvised criterion established.
Court of Justice of the European Union (Photo Archive) This is the first ruling by a Spanish court after the aforementioned CJEU ruling, at the expense of knowing any ruling from the Supreme Court which, for the moment, as commented by José María Erausquin , author of several preliminary rulings with Fax Lists Maite Ortiz from Res Abogados, has been inadmissible. all the cassation appeals that are planned “because it is considered that, in all cases, the object of litigation has disappeared.” For Erausquin, “this ruling confirms that “if the transparency parameters with which the Spanish judges have been carrying out the transparency trial are already sufficient to declare that the clause that incorporates the IRPH Cajas type is deemed to lack transparency, adding new transparency parameters Transparency contributes nothing .
However, "it forgets that the aforementioned ruling C-265/22 must not only be linked to the transparency control to which the clause relating to the IRPH Cajas rate must be subject, but it must also be linked to the abuse trial , since we cannot ignore that, in paragraph 69, it establishes that the content of the information contained in Circular 5/94 of the Bank of Spain is relevant, both for the purposes of the transparency trial and the abuse trial, mandate that the Provincial Court of Palma de Mallorca, Fifth Section, ignores.” This lawyer highlights that the Court of Palma de Mallorca "continues to apply this novel and improvised criterion established.