The legality of IRPH: Past and present

Abstract

December 14th, started a controversy lasting more than four years. The judgment was right, but it provoked the reaction of legal professionals in consumer law. Finally, after some incidents caused by the ambiguity of the judgement of the CJEU 3rd March 2020, the orders of the same court of 17th November 2021 –giving answer to the reluctant prejudicial questions presented-, dispelled any doubt about the legality of the so called IRPH Cajas. The final judgements of the First Chamber of the Supreme Court of 27th January 2022 confirm the announced legality. In spite of this, the court who lead the complaints against the decisions of the Fist Chamber seems to be willing of continuing the conflict (judgement of 20th January 2022), even against the answer given by the CJEU that he specifically provoked and obtained. And a known lawyer firm persists in the same position, but from the grotesque situation of having become true its obscene threat of making a criminal complaint against any judge who dissipates its business. This reality justifies the exposition of former and current evolution of IRPH case law and its fundamental achievements.