A Tonostia Court for the first time, a mortgage subject to the IRP

Judgment of the court San Sebastian Has been completely canceled, For the first time in SpainMortgage Agreement specified AlpSo the plaintiff will restore all the amounts and interests paid to the bank, in which the credit capital must be restored. The sentence is first recognized in our country, and the customer of a bank company has recognized the customer’s right to choose the zero of its mortgage After the declaration of abuse of the segment It installed the credit note code.

This resolution of the court of the Kibuskoyan capital, which specializes in the bad subdivisions, has access to the EFE, recognizing the Consumer Right to the Cancelled Reference Code of its mortgage. “Serious zero of contract”The option of the plaintiff is referred to by lawyers Jose Maria Eraskkin and Mite Artis in this case.

This result is a direct effect The issue of impartiality The same court with 21 questions raised by the Mortgage Mortgage of the IRPL code for the EU in April 2023.

The Tostarra Court has demanded that TJUE set up Judicial criteria Kibuskova and San Sebastian (Today Kutzabank), the savings and mountain of the Kibuskova and San Sebastian (today) after the mortgage for 35 years in 2006, to use them for a particular case of the above -mentioned customer, to continue with these types of demands. In 2022, this rule appeared For the wrongly considering it.

In response to the question of the Donostrara court, the European Court issued on December 12, a sentence was established by it Moore cannot reject hope This is an official code and in the mortgages specified in the IRPH, so that the subdivisions in question can be abused if needed Transparency.

Now, following this resolution of TJue, the Donostrara Court establishes its punishment, which refers to the IRPH-Salajas in the case of Kutxabank client “It does not exceed transparency control”Amidst other reasons, this does not refer to the reliable direction of finding them “, because of the” Mortgage Code or its computational system “and” it does not collect the complete definition “and does not quote the corresponding circular of the Spanish bank explaining in this case. “As a result, the sentence Cancels the controversial sectionRemove it from the injured mortgage and not place it.

Zero in the contract

In this order, he also announces the zero of the contract to understand it “It cannot live after being outdated” As the Supreme Court is already established at the time. For this reason, it commands the “serious null” of the contract and condemns the customer for repaying the cubs “the capital obtained in addition to any interest” and the bank to reunite this ” The amount of monthly fees And the costs have been paid so far ”increased with the relevant interests.

“Compensation between the two dissolutions, that part of the debtor To pay the trusted part The amount of compensation is carried out, “The sentence concludes, which imposes the payment of practical costs and establish a twenty -day period of possible challenge.

In reports for the EFE, lawyers who protected the victims of the victim, Jose Maria Erask and Mite Ruis have congratulated themselves for the resolution. “After many years of frustration and dislikes” This reflects most of the arguments used by “before countless national judges and courts” in many similar cases. For his part, Goodzabank has announced it Will be punished In front of the provincial court of Kibuskova.