1. Despite the fact that the mortgage contracts are partially regulated by the Ministerial Decree of May 5th. 1994, this does not mean that, by virtue of art. 4.2 of the Law 7/1998, these contracts had to be excluded from the scope of application of the Legislation on Standard Terms.
2. A clause to round up the interest of reference in the revisions of the loan must be considered unfair because it is contrary to the requirement of good faith and causes an unjustified damage and imbalance.
3. The Spanish law of transposition of the Directive 93/13 on unfair terms (Law 7/1998) did not implement art. 4.2. According to the ECJ judgment of 3rd. June 2010 a Member State may increase the level of protection for the consumers and, therefore, that provision does not apply in Spain.