At CPG Abogados, we are closely following the latest developments regarding the Mortgage Loan Reference Index (IRPH). Recent rulings by the Supreme Court (TS) have changed the landscape, and it is important to understand how they may affect you if you have a mortgage linked to this index. Here we explain the most relevant points in a clear and straightforward manner.
WHAT IS THE IRPH AND WHY HAS IT GENERATED SO MUCH CONTROVERSY?
The IRPH is an official mortgage index, different from the usual Euribor, and the way it is calculated has historically caused it to be higher than other indicators.
As a result, many mortgages linked to the IRPH have been more expensive for consumers, especially at times when the Euribor has plummeted.
For years, thousands of people have complained that the IRPH clause was included without sufficient transparency and could be abusive.
The Court of Justice of the European Union (CJEU) has repeatedly insisted that bad faith cannot be ruled out if the information provided to consumers was not clear or complete.
WHAT DID THE SUPREME COURT DECIDE IN NOVEMBER 2025?
On 11 November 2025, the Supreme Court handed down two key rulings (STS 1590/2025 and 1591/2025) that redefine its criteria on IRPH clauses.
The most important points are:
- There will be no automatic nullity for all mortgages with IRPH.
- Each case must be analysed individually to determine whether there was a lack of transparency or unfairness.
- The Supreme Court establishes specific guidelines that courts must take into account when assessing transparency.
- In terms of transparency control, it is sufficient for an average consumer to be able to understand how the index works and what economic effects it entails, provided that the information is accessible.
- It is not necessary for banks to explain the complete IRPH formula in detail if it was public (e.g. through Bank of Spain circulars).
- To assess whether the clause is unfair, the resulting rate (IRPH + spread) must be compared with the average market rates on the date of signing, checking whether there was a significant imbalance.
WHAT DOES ALL THIS MEAN FOR YOU IF YOU HAVE AN IRPH MORTGAGE?
If your mortgage is linked to the IRPH, do not give up hope. The new rulings do not close the door, but they do require further study.
You will need to review all the documentation: deeds, binding offers, prior information and any brochures provided by the bank.
It will be essential to determine whether the bank actually fulfilled its duty to provide information:
Did they explain how the IRPH worked? Did they give you documents? Could you understand the financial consequences?
If you suspect that there was a lack of transparency or that you have paid more than you should have, at CPG Abogados we can help you prepare a claim or, if necessary, a lawsuit so that a judge can assess your case in accordance with the new criteria of the Supreme Court.
WHY IS THIS CHANGE SO IMPORTANT FOR CONSUMERS AND PROFESSIONALS?
• The Supreme Court has ruled out the idea of a generalised nullity of the IRPH.
• It requires an in-depth and documented analysis of each mortgage.
• The courts must apply clearer criteria to decide when there is transparency and when there is not.
• For banks, it provides a more defined framework for the evidence that may be decisive.
WHAT CAN YOU DO IF YOU BELIEVE YOUR IRPH MORTGAGE WAS NOT TRANSPARENT?
- Review your documentation
Take another look at your mortgage contract and all the preliminary information you were given.
- Evaluate your options
Contact a specialised law firm (such as CPG Abogados) so that we can assess your case.
- File a claim
If there are indications of a lack of transparency or unfair practices, you can file an out-of-court claim against the bank.
- Legal action if no agreement is reached
If the bank does not respond or rejects your claim, it is possible to file a lawsuit. The judge will analyse your case applying the criteria set by the Supreme Court in 2025.
WHY CHOOSE CPG ABOGADOS?
- Extensive experience in mortgage litigation and IRPH-related claims.
- Constant monitoring of the latest court rulings to adapt our strategy.
- Fully individualised analysis: every case matters and can make a difference.
- Absolute commitment to transparency and legal rigour to maximise your chances of success.
CONCLUSION
IRPH remains an open issue. The Supreme Court rulings of November 2025 have changed the rules: now what matters is what happened in your specific case, what information you received and how your mortgage was set up.
If you believe that your IRPH clause may be reviewed, at CPG Abogados we are here to help you explore your options and take the next step. Please do not hesitate to contact us for a personalised assessment.
