Revolving cards: case solved?

Abstract

The present work analyzes the jurisprudential evolution carried out by the Supreme Court and the Provincial Courts with respect to credit contracts or revolving cards, until the recent STS nº 367/2022, of May 4, in order to find out if a definitive solution has been given to the question of when a certain agreed interest rate should be considered usurious. The sentences are analyzed by virtue of the different procedural channels to claim, comparing the results obtained depending on whether an action of nullity is exercised for usury or if an action of annulment of the interest rate clause is exercised due to lack of transparency, in which the so-called double control of transparency (formal and material) comes into play.