supreme 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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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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22 Feb The Spanish Supreme Court has ordered the annulment of several clauses subscribed with customers by Banco Santander, BBVA, Bankinter and Caja Madrid that were included in contracts for loans, mortgages and credit cards, as these have been considered as “abusive”, “disproportionate” or “confusing”.

In a verdict released several days ago, the Chamber of civil matters of the High Court partially admits the appeal filed by the Spanish Organization of consumers and users (OCU) against the decision of the provincial court of Madrid who had declared as valid several...

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