court Tag

28 Jul I have a mortgage with bank for my company-owned house in Spain, can I get compensation for an unlawful “floor clause”

No, you cannot. As a Juridical person (i.e. a Mercantile Company) your company does not have the profile of a consumer according to the law. Consumers or users according to the law are the natural persons who act with a purpose outside their business, commercial...

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13 Aug A very important sentence by the Spanish Supreme Court about permanent establishments in Spanish territory may involve the multinational groups to review their structures in order to avoid the possible existence of unwanted, permanent establishments.

The Spanish Supreme Court has recently ruled the verdict number 1626 / 2008 (case "Roche") and concluded that the activity of manufacturing and sales promotion undertaken by Roche Vitamins, S.A. (RV), a Spanish branch of the Swiss company Roche Vitamins Europe Ltd.  (RVE) constitute a...

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19 Jul According to an increasing number of court’s judgements, banks must also pay in cases of defective or incomplete bank guarantees being given by real estate developers offered to secure the return of stage payments on failed off-plan property purchases, or even in cases of lack of such guarantees.

Spain's  past booming years of construction and easy to access secondary homes brought a massive increase, never seen before on such a big scale, of off-plan property purchases. The economy crisis followed and many home purchasers found their homes where never finished or offered to...

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14 Feb A judge will put the entire Spanish banking sector on approval about the controversial “ground clauses, or cláusulas suelo” of the mortgages.

  Practically the whole financial sector will be subject to trial in front of  the judge in what refers to the controversial “ground clauses, or cláusulas suelo”, that prevented numerous mortgaged Spaniards or Spanish residents to benefit from the strong slope of the interest rates experienced...

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02 Aug New jurisprudence: the Spanish Tax Authorities will not enter into a company’s offices if not authorized by the court.

The Spanish Supreme Court establishes new jurisprudence with two unequivocal verdicts that revolutionize the current legal doctrine: the Tax Office will not enter into a company’s offices to request data if not authorized by the company’s legal representative or the court. Link to one of the...

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