IRPH: doubts and certainties after the EUCJ of July 13, 2023. Is there any feasible way to obtain the nullity of the clause that incorporates the IRPH?

Abstract

The indexation of mortgage loans to the IRPH (Mortgage Loan Reference Index) has brought with it a broad jurisprudential and doctrinal debate. The CJEU has had to intervene on several occasions and will still have to resolve more preliminary questions. The objective of this work will be to decipher the latest developments and also propose some solutions in favor of the consumer, pointing out the weak points in all of them from a legal argument. To do this, the value of the preamble and Annex IX of Circular 5/1994 will be taken into account, as well as its impact on transparency control.