Post by account_disabled on Feb 15, 2024 1:04:53 GMT -6
In this context, Erausquin emphasizes that "this links with another of those arguments that Spanish judges and courts repeat, with that argument according to which comparing indices means comparing prices , something that Directive 93/13/EEC does not allow."
In this regard, remember that "the truth is that both STJUE C-421/14, of January 26, 2017, and the recent STJUE C-265/22, of July 13, 2023, agree that, in relation to with the imbalance of benefits to the detriment of the consumer, the national judge must compare the method of calculating the ordinary interest rate provided for by that clause and the resulting effective rate with that of the interest rates applied in the market on the date on which that the disputed contract was concluded, in relation to a loan of an amount and duration equivalent to those of the loan contract in question.
In the opinion of this expert, the national judge must compare the method of calculation of the IRPH Cajas rate provided for by the clause and its Canada Email List resulting effective rate, with the method of calculation and rate resulting from the use of other indices, such as Euribor, for loans. of similar amounts and terms.”
From his point of view, “ it is a comparison that is highly clarifying , since while the Euribor rate represents the average price for which financial institutions acquire the money that they subsequently lend to their clients, the IRPH rate represents the average final cost that the clients have paid for that money and all the concepts associated with the loan , making it indisputable that the imposition of an IRPH rate on the consumer generated a special imbalance of benefits, in terms of the CJEU, which the entity could well have neutralized in accordance with the indications of the Bank of Spain, but, far from doing so, it aggravated it by incorporating a positive differential.
Erausquin also points out that this latest CJEU ruling “also obliges the national judge to verify whether, given that the IRPH rate is determined based on APR rates and the consumer also pays the elements of his own APR, the existence of an overlap or duplication of payments .” "In fact, this verification has also been overlooked by the Provincial Court of Palma de Mallorca, and whose result would also connect with the good faith trial.
In this regard, remember that "the truth is that both STJUE C-421/14, of January 26, 2017, and the recent STJUE C-265/22, of July 13, 2023, agree that, in relation to with the imbalance of benefits to the detriment of the consumer, the national judge must compare the method of calculating the ordinary interest rate provided for by that clause and the resulting effective rate with that of the interest rates applied in the market on the date on which that the disputed contract was concluded, in relation to a loan of an amount and duration equivalent to those of the loan contract in question.
In the opinion of this expert, the national judge must compare the method of calculation of the IRPH Cajas rate provided for by the clause and its Canada Email List resulting effective rate, with the method of calculation and rate resulting from the use of other indices, such as Euribor, for loans. of similar amounts and terms.”
From his point of view, “ it is a comparison that is highly clarifying , since while the Euribor rate represents the average price for which financial institutions acquire the money that they subsequently lend to their clients, the IRPH rate represents the average final cost that the clients have paid for that money and all the concepts associated with the loan , making it indisputable that the imposition of an IRPH rate on the consumer generated a special imbalance of benefits, in terms of the CJEU, which the entity could well have neutralized in accordance with the indications of the Bank of Spain, but, far from doing so, it aggravated it by incorporating a positive differential.
Erausquin also points out that this latest CJEU ruling “also obliges the national judge to verify whether, given that the IRPH rate is determined based on APR rates and the consumer also pays the elements of his own APR, the existence of an overlap or duplication of payments .” "In fact, this verification has also been overlooked by the Provincial Court of Palma de Mallorca, and whose result would also connect with the good faith trial.