Criminal proceedings affecting Almanzora Valley Country Club

I would have thought that the chances of winning a case against the banks had increased due to recent case won by the finca park action group more than the criminal case against HUMA.  There now seams to be positive case law to back up claims against the banks. 

Nigela

Our Finca Parcs Action Group judgment was in the First Instance Court.  First Instance Court decisions are not Case Law.  However, they can be used in legal arguments and this recent decision will certainly encourage other Lawyers to study their own clients cases more deeply in relation to Banks liabilites/obligations according to LEY 57/1968.

Banco CAM (Sabadell) has the right of appeal.  They must submit any appeal by Tuesday 10 July 14:30 CET.  An appeal will be heard by the Albacete Appeal Court.

A judgment from an Appeal Court is Case Law and can be used as a precedent in other cases.

If there is no Appeal then the First Instance Court decision will be final.

Kind regards

Keith

give whites , one euro untill you hve got ALL your money back !!!! dont get conned again........jackb liverpool.

 According to Europa press the criminal trial resumes today with the participation of a lawyer representing one of the affected homeowners..... Best efforts translation of parts of the article......

Criminal Court No 1 see the resumption of the trial against the ex Minister of the Murcia region, Juan Jose Padilla Canovas and against the president of UD Almeria (football club), Alfonso Garcia, for the alleged promotion and construction of 300 houses in the municipality of Cuevas del Almanzora (Almeria) "without a municipal license and in contravention of the planning regulations in force in the area".

Each is accused alongside six other people for an alleged crime against planning and are facing a prosecution demand for 12 months in prison. The trial was suspended in April to allow the defence to further prepare because one of the purchasers of the property had joined the case for the prosecution.

This new party (to the case), a British family, whom the instructing judge had not informed of the existence of a criminal case where the Prosectuion was asking for demolition, will participate alongside the prosecution in the hearing.  

The Prosecutor also made charges agains Antonio S.H, Carlos P.M, Diego G.S, Enrique DP, Jose Francisco B.A. and Trinitario G, asking for one year in prision, the payment of fines of 18 months at 30 euros per day and disbarment from their profession or office for a period on one and a half years.

According the the prosecution case, in the period of time between April and October 2005, the president of UD Almeria as the legal representative of 'Aesur SL' and Antonio S.H. for 'Huma Mediterraneo SL' in the capacity of promoters, and  Ferrovial Agroman SA as constructors represented by Carlos P.M. initiated the construction of a residential development in the area know as Llanos de Jordana, en Cuevas del Almanzora.

In this urbanisation, under the name 'Almanzora Country Club' , where the construction of 1,794 houes was planned for phase one, 300 properties were finished on land classified as non urbanizable land. The prosecution emphasises that this 'would not be authorizable and do not comply with planning regulations in force in the municipality" and in addition, "lack the necessary municipal building licence".........

Court Number 1 in Almeria must also decide if the properties should be demolished.

Thankyou so much for the information.  It's just good to know that something is happening when most of us have probably given up hope.  We will just have to wait and see the outcome.  It may not make any difference to us awaiting our money back but at least they will be answering to someone,

The criminal trial has now concluded and a judgement will be issued in due course.

Only one of the 400 investors was represented in this proceeding. 

The Prosecution is asking for demolition of the development.

Recent supreme court rulings have indicated that demolition SHOULD be ordered on conviction unless exceptional circumstances apply.

It is now a matter of waiting to see what happens next.

 Judgement in Criminal Case is as follows:

 Antonio S.H. of Huma Mediterráneo given 12 months in prison and a fine of 30 Euros/day for 18 months. All other accused acquitted.

The judge did not order the demolition of the 300 properties due to 'exceptional' circumstances and because it was believed that the development was legalizable under the terms of Decree 2/2012.

Note: A criminal convinction strengthens civil claims against those convicted. The Junta de Andalucia may appeal the decision not to demolish. They usually have something like 20 days to lodge an appeal.

More details in Europapress: http://www.europapress.es/andalucia/almeria-00350/noticia-absuelto-presidente-ud-almeria-construccion-300-viviendas-no-urbanizable-20121227205323.html