Supreme Court 2025: Unfair Clauses in Credit Cards and Loans

# Supreme Court 2025: Unfair Clauses in Credit Cards and Loans

Spain's Supreme Court issued several significant rulings in 2025 consolidating doctrine on unfair clauses in consumer banking contracts. This analysis covers the main jurisprudential lines relevant to litigation practice.

1. Revolving credit cards: post-2020 doctrine

The landmark STS of 4 March 2020 (Wizink case, ECLI:ES:TS:2020:600) established that revolving card interest rates are analyzed under usury law (Law of 23 July 1914) when the APR is "notably higher than the normal rate and manifestly disproportionate."

2024-2025 evolution: APRs above 25% on revolving cards contracted between 2015-2020 are generally found usurious, based on the Bank of Spain's monthly consumer credit rate publications.

Effect of usury nullity: the contract is void and the consumer only owes the principal; no interest, no fees. Overpayments are returned.

2. Default interest in consumer loans

APRs above legal rate + 2pp (currently 5.25% for 2025) are presumptively abusive in consumer contracts (STS 22 April 2015). The clause is struck out; the legal default rate applies instead.

3. Mortgage costs: post-Law 5/2019 doctrine

For mortgages signed before June 2019: the bank pays registry, management fees, AJD tax and appraisal. The client pays the notary copy. Claims must have been filed before January 2024 (for actions based on STS January 2019) or before 2025 (for STS November 2020).

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