Post by account_disabled on Mar 12, 2024 4:02:40 GMT
Furthermore, the CJEU requires the national judge to verify the possibility of an overlap in the payment of some commissions, an overlap derived from the fact that the IRPH rate already constitutes an average APR to which the consumer adds the elements of his own APR.
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 Email Data 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.
Thisis 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 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 .”
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 Email Data 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.
Thisis 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 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 .”