Claim for annulment of the IRPH clause in a mortgage loan (Directiva 93/13 + STJUE C-125/18, C-265/22, C-300/23)
Claim for annulment of the IRPH clause in a mortgage loan (Directiva 93/13 + STJUE C-125/18, C-265/22, C-300/23) is filed with Juzgado de Primera Instancia - LexNET. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your demanda (claim) for you. Estimated total cost: €899. Official tasa (government fee): Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them.
Claim to annul the interest clause referenced to the IRPH (a mortgage reference index: Cajas, Bancos, Conjunto Entidades, CECA) for lack of material transparency. We apply the case law of the CJEU (rulings of 3-3-2020, 13-7-2023 and 12-12-2024) and Supreme Court rulings STS 42/2022 and 65/2024. We calculate the overcharge against the Euribor plus a reasonable margin, and request that it be replaced by the Euribor, with a refund of the amounts overpaid. This claim never becomes time-barred.
- What we charge you
- €899
- Managora's fee
- €898.99 (21% VAT incl.)
- Tasa (official government fee)
- Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them. (suplido: paid to the authority on your behalf, no VAT)
- Processing time
- This claim never becomes time-barred (case law of the Supreme Court and the CJEU)
- Where it is filed
- Juzgado de Primera Instancia - LexNET ↗
- What you receive
- Demanda (court claim)
Cost breakdown: Our fee €899 (21% VAT incl., legal representation and procurador included). Individuals are exempt from the court tasa; companies add the tasa according to the amount claimed. Expert witnesses and the other side's costs, if any, are extra..
Claim for annulment of the IRPH clause in a mortgage loan (Directiva 93/13 + STJUE C-125/18, C-265/22, C-300/23): how is it filed?
- 1Answer the questions (around 12 minutes).
- 2Payment of €899 (legal representation and procurador included).
- 3We file the claim via LexNET (the Spanish courts' electronic filing system) using our procurador, and send you proof of filing.
Which documents do you need?
- •Mortgage deed.
- •Amortisation schedule.
- •Receipts for instalments paid.
- •Banco de España (Bank of Spain) statistics for the IRPH and Euribor.
- •Out-of-court claim, if one was filed.
Legal basis and things to bear in mind
- Legal framework: Directiva 93/13/CEE + TRLGDCU + STJUE C-125/18, C-265/22, C-300/23 + STS 42/2022, 65/2024.
- The claim never becomes time-barred.
- Related procedures: reclamacion_clausula_suelo, demanda_clausulas_abusivas_credito_revolving, novacion_hipoteca_rp.
Claim for annulment of the IRPH clause in a mortgage loan (Directiva 93/13 + STJUE C-125/18, C-265/22, C-300/23): frequently asked questions
Claim for annulment of the IRPH clause in a mortgage loan (Directiva 93/13 + STJUE C-125/18, C-265/22, C-300/23): how much does it cost?
We charge you €899: our fee plus, where applicable, the fixed official tasa we advance. Our fee €899 (21% VAT incl., legal representation and procurador included). Individuals are exempt from the court tasa; companies add the tasa according to the amount claimed. Expert witnesses and the other side's costs, if any, are extra.. Managora's fee is €898.99, 21% VAT included (€742.97 net + €156.02 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them..
Claim for annulment of the IRPH clause in a mortgage loan (Directiva 93/13 + STJUE C-125/18, C-265/22, C-300/23): how long does it take?
This claim never becomes time-barred (case law of the Supreme Court and the CJEU)
Claim for annulment of the IRPH clause in a mortgage loan (Directiva 93/13 + STJUE C-125/18, C-265/22, C-300/23): which documents do I need?
You need to have to hand: Mortgage deed., Amortisation schedule., Receipts for instalments paid., Banco de España (Bank of Spain) statistics for the IRPH and Euribor., Out-of-court claim, if one was filed.. You do not upload them here: we collect the details through the guided chat.
Who files the procedure?
Managora files it in your name with Juzgado de Primera Instancia - LexNET. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.
Can it be done online?
Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.
Related procedures
Based on the legislation in force and on the official site of the competent authority: Juzgado de Primera Instancia - LexNET ↗.
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