65In the present case, the term at issue provides that the variable interest rate is to be calculated on the basis of the IRPH of the Spanish savings banks. However, it is clear from the file before the Court that that statutory index, provided for by Notice 8/1990, was replaced, pursuant to the 15th additional provision of Law 14/2013 of 27 September 2013, with a replacement index described by the Spanish Government as ‘supplementary’. Subject to verification by the referring court, that additional provision states that the replacement index is to apply in the absence of other arrangements established by the parties to the contract.
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