IRPH Update

Hello Ken,

Thank you for reaching out. Here’s the latest on the IRPH front:

1. European Court (TJUE) Decision
   The definitive ruling from the Court of Justice of the European Union came on 12 December 2024 (Case C-300/23). It confirmed that IRPH clauses—even though established by regulation—are still subject to the Unfair Terms Directive (93/13/EEC) and must meet strict transparency requirements (clear explanation of calculation, historical evolution, impact on the APR, etc.).
2. Spanish Supreme Court
   What remains is how the Spanish Supreme Court will integrate that TJUE ruling into its own doctrine. Will it adopt the TJUE’s strict transparency test wholesale, or temper it in light of Bank of Spain circulars and our national regulatory context? We expect a landmark TS decision in the coming months, but no precise date has been set.
3. Your Next Steps
   • Monitoring: We’re following every development closely.
   • New Cases: While many firms have already filed IRPH claims, at Futur Finances we’re advising clients to wait for the Supreme Court’s guidance before proceeding en masse. This ensures that any lawsuit you launch is backed by the full weight of both European and Spanish case law.
   • Preparation: In the meantime, you can gather your loan documents, payment history and any pre-contractual information you received. When the Supreme Court clarifies its position, we’ll be ready to move swiftly.

If the Supreme Court aligns fully with the TJUE’s transparency standards, we will certainly open a new intake for IRPH cases under optimal conditions. Until then, Futur Legal recommend a “wait-and-see” approach to maximize your chances of success.

Best regards,
Pau A. Monserrat
CEO, Futur Finances