I have had my mortgages with Banco Herrero from 1998 who were merged with Sabadell in 2003. The whole period I have had IRPH which at some times were near to 6%! (I also had Clausula Soil, which they claim to have repaid me but I don \ ‘t know when and how much?). We had a hearing in Malaga in 2021 where I lost against Sabadell, and was forbidden to make an appeal. I was graciously not made to pay costs. Will the new information from the ECJ allow me to make a new claim? or is this information still undecided and could still be given back to the Spanish judges to interpret how they like – in my case against my extremely high interest rates. From the update in July 2023 – it sounds like its still in the air?
2 Respuestas
Hello Amanda,
Thank you for sharing your situation. I’m sorry to hear about the high rates you endured and the outcome in Málaga.
- ECJ Judgment (C-300/23, 12 Dec 2024)
The Court of Justice of the European Union has now confirmed that IRPH clauses remain subject to the Unfair Terms Directive—and that banks must have provided clear, transparent information on how IRPH was calculated, its historical evolution and its impact on your APR. - Effect on your 2021 Judgment
Under Spanish civil procedure, a final judgment normally produces res judicata, meaning you cannot reopen the same claim on the same grounds. The fact that you were barred from appeal in 2021 usually precludes a second bite at the cherry. - Possible New Avenues
- Supreme Court Doctrine: We must now see how the Tribunal Supremo incorporates the ECJ’s strict transparency requirements into Spanish case law. If it issues a ruling that significantly changes the criteria for IRPH abusivity, there may be limited scope for extraordinary reviews (recurso de revisión) in truly exceptional circumstances—though those are very narrowly defined.
- Soil Clause Repayment: Separately, you should request from Sabadell a full breakdown of any “cláusula suelo” reimbursement (amount and dates). That is your right under consumer protection rules.
- What You Can Do Today
-
- Wait for the Supreme Court: As of July 2025, no final Supreme Court doctrine has been published. Once it delivers clear guidance, we’ll better know whether any exceptional procedure might reopen your case.
- Document Everything: Gather all loan contracts, payment schedules and any pre-contractual disclosures you received. If a review becomes possible, having a complete file will be essential.
- Consult Expert Counsel: A lawyer specializing in mortgage litigation can track the Supreme Court’s developments and advise you immediately if a window to seek review emerges.
-
In short, the ECJ judgment is favorable to consumers on transparency grounds, but we must await how Spain’s highest court applies it. Until the Supreme Court rules, no new claim on the IRPH itself can realistically proceed—but keep your documents ready and stay in touch with a specialist so you can act promptly once the national doctrine changes.
Best wishes,
Pau A. Monserrat
CEO, Futur Finances
Comentarios recientes