Overpaid instalments
The difference between what you paid under IRPH and what you would have paid under Euribor over the life of the mortgage. On long and old mortgages, it often exceeds €20,000.
If your Spanish mortgage tracks IRPH (Cajas, Banks or Conjunto), you have been paying an interest rate much higher than you would have paid under Euribor. The European and Spanish case law of 2025 allows you to reclaim that difference and replace the clause going forward.
El IRPH (Índice de Referencia de Préstamos Hipotecarios) is an official index published by the Bank of Spain used to set the variable interest rate of many mortgages signed between 1999 and 2013. Existen tres modalidades: IRPH Cajas (hoy desaparecido), IRPH Bancos (also discontinued) and IRPH Conjunto de Entidades (the only one still in use).
The problem is that IRPH has always been significantly higher than Euribor. A €200,000 mortgage over 30 years tracking IRPH may have generated between 20.000 y 45.000 € extra in interest compared with one signed at Euribor at the same time.
The Spanish Supreme Court (judgments 1590/2025 and 1591/2025 of November 2025) has confirmed that cada cláusula IRPH se debe analizar caso por caso: if the bank did not properly inform the customer how the index was calculated, its likely evolution or the available alternatives, la cláusula puede declararse nula por falta de transparencia.
Cuando se declara la nulidad por falta de transparencia, no solo se devuelve el dinero pagado de más — además se sustituye el índice a futuro y se ajusta la cuota mensual.
The difference between what you paid under IRPH and what you would have paid under Euribor over the life of the mortgage. On long and old mortgages, it often exceeds €20,000.
If you win, the IRPH clause is replaced by Euribor (with or without spread depending on the contract). Your instalment drops immediately and you pay less every remaining month.
When declared abusive for lack of transparency, the clause is treated as void from the signing date. It does not just change going forward — it disappears as if it had never existed.
On all amounts unduly charged, we accrue statutory interest from the date of each instalment. It increases the total recovered by 15-30% depending on age.
If the proceedings go to court and the ruling is favourable, the costs (trial costs) are awarded against the bank. You bear no court cost.
The switch to Euribor applies from the ruling onwards. Your monthly instalment drops immediately and that translates into monthly savings for the rest of the mortgage.
Ask us for a free case review and we will get back to you in less than 24 hours.
Enter the basics of your mortgage and we give you an estimate based on the historical difference between IRPH and Euribor.
Leave us your details and a lawyer from the firm will personally review your deed and binding offer. In less than 24 hours you will receive a report with the legal viability of the claim, the estimated amount and next steps.
IRPH doctrine has evolved significantly. These are the three key rulings we apply to every case today.
The Court of Justice of the European Union opens the door to a transparency review of IRPH. National courts can examine whether the bank gave adequate information.
The Spanish Supreme Court applies the CJEU doctrine: it examines whether the bank adequately informed about how IRPH is calculated and its likely evolution. It confirms that lack of transparency makes the clause abusive.
The Plenary of the Spanish Supreme Court confirms that each IRPH case must be analysed individually. The absence of simulations, comparisons with Euribor or information on the past evolution of the index makes the clause abusive.