Arriaga Asociados has filed a complaint with the European Commission against the Spanish State for what it considers “non-compliance with European regulations regarding the defense of consumers and users, following the resolutions issued by the Supreme Court (TS) – numbers 595, 596 , 597 and 598 of November 12, 2020 – on the lack of transparency and abusiveness of the IRPH interest rate clause “, according to a statement.

The Supreme Court determines that the lack of transparency of the IRPH clause in the event of non-compliance with the obligation of banking entities to deliver the past evolution of the index does not imply that said clause is abusive. However, Arriaga Asociados considers that the lack of transparency means that the consumer was not informed about the IRPH or about the economic consequences regarding the price of the loan contract, which implies that it is necessarily abusive and, therefore, null. “The fact of not having all the available information that the bank must provide directly affects the consumer, who cannot compare with other existing offers in the market,” he explains.

According to this law firm, “the high court is not adequately applying Community law in the defense of consumers and users, violating the principle of primacy of European Union law, by not respecting the purpose of Directive 93 / 13 / EEC of the Council of April 5, 1993 on abusive clauses in contracts concluded with consumers, nor the interpretation of the same by the Court of Justice of the European Union (CJEU), which on several occasions has stated the maximum consumer protection as stated in article 38 of the EU Bill of Rights “.

SENTENCE

The law firm Arriaga Associates, specialized in claims for abusive bank clauses, was sentenced in June to pay 9,732 euros for precisely including an abusive clause in one of his contracts.

A Court of Segovia admitted the demand of a client of the law firm considering “abusive” the clause in which it is stated that “if the judicial proceeding is won with a conviction in costs, Arriaga Asociados will receive the procedural costs and interest if would have ”,

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