Consideraciones sobre la cláusula irph a la luz de sus antecedentes y de la doctrina consolidada del tribunal de justicia de la union europea

By issuing its judgment of March 3, 2020, the Court of Justice of the European Union (CJEU) has terminated the last episode in the evolution of the IRPH index to which almost a tenth of mortgages have been referring. in Spain, compared to the rest that the Euribor takes as a reference, declaring in essence that consumers will be able to go to court to declare the abusiveness of the clause that the aforementioned index contains in the deeds of constitution of the mortgage. To understand the scope of the current situation, it is convenient to consider even briefly what the IRPH consists of and the consequences that its application has entailed for the affected consumer borrowers, taking into account the factual background that led to the issuance of the aforementioned resolution, the precedent that In this regard, they included the conclusions of the Advocate General, the content of the STJUE itself and, lately and until there is any pronouncement by our Supreme Court, the most recent resolutions issued by our Courts and Provincial Courts. All these references integrate the content of this work