El blog de Maria

By Pontevedra Appeal Court on last 18th of December 2013:

" Therefore, the contract does not include , the obligatory data according to Law: date of granting of deeds, authorizing Notary and registration reference in the Land Registry"

All this leads  to understand that the contract is void for contravening  provisions of Articles 1 , 3 and 4 of Law 42/1998 and that the Timeshare company needs to refund all payments made by the claimant. 

Tui (Pontevedra)-2, Galice, North western Spain, at flickr.com

Recently approved (on last 7th of February, 2013 ), Royal Decree incorporating Directive 2011/24/EU on the application of patients' rights in cross-border healthcare 

Content: Under this directive , patients from European Union countries may go to a different Member State for health care by advancing the payment of services they receive. They can request the corresponding refund from their own country afterwards. This health care exchange requires certain conditions and, for some treatments,  prior authorization . The spirit of this Directive responds to the free movement of people, goods and services in the EU

Among the goals of the Royal Decree are ensuring access to a secure and high quality cross-border healthcare, ensuring patients mobility and encouraging health cooperation between Spain and the rest of the EU.

So far, it had not been regulated the fact of travelling to another  europeam member state for the express purpose of receiving health care, which is what this Directive gathers.

Attendance is understood in its broadest sense, including drugs and health products.

Long-term care , organ transplants and public vaccination programs are excluded . Reimbursement shall conform to official rates of each health service, as if the treatment had been provided in Spain .

Prior authorisation is needed in two cases:

- When attention involves hospitalization of at least one night .
- When  treatments require  highly specialized and expensive equipment or thechnology

Rights of patients covered by the Royal Decree:

1. To obtain copies of clinical reports , diagnostic tests and therapeutic procedures.
2. To continuity of treatment after being assisted elsewhere .
3. To personal data protection

4. To have at their disposal all the necessary information through the National Contact Point .

This Royal Decree also establishes a series of measures to advance the cooperation between Spain and the European Union:

Share of information about health professionals, for which the Ministry of Health, Social Services and Equality. The Directive provides for the establishment of a European Network of Reference Centres which  will particularly benefit people with rare diseases , which may appeal to a specialized center in another country.

Spain actively participates also in the European eHealth Network . Spain leads the project of e- health in the European Union , thanks to the success of its implementation. Spain also participates in the European Network for Health Technology Assessment , which will promote the exchange of scientific information between States.

In short, the Directive is incorporated by Royal Decree approved today provides an opportunity to strengthen and standardize criteria and requirements for quality , safety and health provision , to ensure equal access to health care within the European Union. Spain joins the most developed countries of the EU border assistance and , in turn, goes a step further in improving the care of people who need more specialized treatments such as those affected by rare diseases.

Bolonia, Tarifa, Cádiz, Costa de la Luz, South western Spain, at facebook.com

A nice reading for the weekend

Cheers!

Maria

El Rocío, Huelva, Costa de la Luz, South western Spain, at facebook.com

European Court of Justice has recently ( December 2013) passed a decission containing a legal description of commercial "misleading practice" according to provision 6, paragraph 1 of the Directive on Unfair practices.

The European Court describes it as a practice that " on the one hand, contains false information or is induced to deceive the average consumer, and on the other hand, can cause the consumer to take a transactional decision that it would not have taken". 

Polo in Tarifa, Cadiz, Costa de la Luz, South western Spain, at facebook.com

Bankia  has created a confidential channel for complaints against malpractices available for employees and suppliers.

Bankia has outsourced the management of the service to a third party , PwC, to strengthen the independence of the process and ensure the confidentiality of complainants .

Customers of  Bankia may not use this confidential channel because they already have their own tool enabled in the customer service.

 
Javier Lopez Andreo , partner at PwC , explains that " having a foreign manager group is a barrier between the company and the complainant. This independent third party acts as a hinge and allows the complainant feels protected , reducing , in theory, the fear of reporting '.

The creation of the confidential channel  is in line with  the near reform the Criminal Code which is implementing the Government and is expected to come into force during 2014. The new standard will require all companies to have a  mechanism for reporting irregularities .

BaeloClaudia, Bolonia, Tarifa, Cadiz, South western Spain, at facebook.com

A quick note to those of you, spanish residents with goods abroad, March 31st is the end of the general period for this declaration:

You can find full information in this ( english!) link of the  Spanish Treasure Office

No big deal!

Maria

Sunset in Los Caños de Meca, Tarifa, Cadiz, Costa de la Luz, South western Spain, at facebook.com

You can check here to find about a lawyer being registered at the corresponding Law Society:

Official list of lawyers in Spain

And if you want to read on our ethical code, this is a CostaLuz Lawyers made guide! Enjoy it!

Tarifa and Africa. Tarifa, Cadiz, Costa de la Luz, South western Spain, at facebook.com

Easy, accesible, official:

Guide on Non Resident Tax in Spain

and if any doubt... please contact us

Vejer de la Frontera, Cadiz, Costa de la Luz, South western Spain, at facebook.com

Nice I found this to be sent to a client wanting to know on legals regarding Data Protection in Spain.

Do not get too " extreme", take it natural.

http://www.agpd.es/portalwebAGPD/english_resources/regulations/common/pdfs/reglamentolopd_en.pdf

Cádiz, in the province of Cádiz, South western Spain, at facebook.com

Just back from a short trip to a Marbella. Meeting in the Bar Association for  a mediation session with a representative of a lawfirm who represented many british and irish clients during the real estate boom. He seems collaborative and committed to be providing this to us ( to you) before the end of March. We have been requesting this for years.

My thanks to Malaga Bar Association which has been very diligent doing its job.

I was quite harsh. We have been requesting this information since 2008!  for some clients. Both the mediator and the other colleague wanted me to be smiling and polite and not to show anger or frustration.....

Why is this? Why you cannot be angry and show it when this behaviour is damaging innocent people, the name of Spain, our economy, the name of our profession....?.  I just cannot understand.

Anyhow, he says he is providing the info before the end of March. If not, regretabbly, we will need to act against their professional insurance.

I will keep you posted

Maria

Vista de Malaga, South eastern Spain, by Figuelo, at flickr.com

Rethinking Our Concept of Work

Argandoña Rámiz, Antonio

It is not a black or white matter.

According to Supreme Court and Constitutional Court in Spain, principles of proportion and equilibrium need to be brought to discussion when deciding on situations where right to safety of a person can collide with right to privacy of a different one.

So.. there is no strict formula, every case is different.

Esta casa es una ruina, Fuente de Piedra, Málaga, South eastern Spain, by Jose Manuel Repiso, at flickr.com

It is not that big deal,

Take a look and make your questions to our email address:

Pampaneira, Region of the Alpujarra, Granada, South eastern Spain, by Landahlauts, at flickr.com

Chamber for Civil Matters of our Supreme Court  passed last summer a decision against a  Property Valuation Company, for damages resulting from an overvaluation of several properties. The Highest Civil Court found out that the value assigned to those properties were well above the market value.

The damaged party? A bank. Yes, incredible as it sounds. Bank as damaged and causer 50/50.

Supreme Court found liable the appraisal company (Tasvalor Group, SA), its insurance company and the technician who signed the appraisal.

Supreme Court argues  that the damage to the bank was not latent but real, as it lended against something of a much lower value. The decission precises the necessary cause-effect relationship between the conduct of the Valuation Company and such harmful result

Supreme Court acknowledges that the damage was also possible due to the lack of diligence of the Bank. So Bank and Valuation Company are liable 50-50

This is a good precedent for these actions to be brought about by individual buyers who bought and took mortgages for properties over valuated by Valuation companies and accepted by Banks.

We have got clients who took mortgages on illegal properties, who are now paying huge sums of money for nothing.

We also have clients that were "pressed" by Banks to keep paying the second mortgage that the developer took after consuming first loan and left unpaid before running away. Clients have no option but this or to lose their properties.

A couple of crazy expamles to be added to the catalogue of irregularities and illegalities practised by Banks during the " happy" financial years.

I trust Spanish Courts  will keep being as strong and clear as they are being when punishing banks. Good for healthy society.

Maria

Bello Pueblo de Conil de la Frontera....En la Janda Litoral, Conil, Cádiz, South western Spain, by Manuel Acebedo, at flickr.com

Three useful tips to take into account when negotiating a mortgage:

1. Only obligatory Insurance by Law ( Mortgage Law) is a  home insurance that provides basic coverage against flood, fire or earthquake. There are certain rules that can make this insurance cheaper: coverage needs to be made on the house but not on the soil or content . House has an specific value " for insuring purposes" on the valuation.

2. Any other insurance offered by the Bank is not obligatory. Banks offer better interest conditions for the mortgages when these are hired with them or associated entities. This is a legal practise.

3. It is always possible to waive the insurance taken "by mistake" when you can prove lack of information or deception by the Financial entity. 

Zahara de los Atunes - Entrada (2005), Zahara, Cádiz, Costa de la Luz, South western Spain, by Juan Jimenez Martinez, at flickr.com
 

Well, that is not the end of the story and again, Banks are always below Rule of Law so, the battle will keep going. 

How is that?

It is important that you keep good control on steps made by the Bank after the amicable  keys-back offer refusal and once the enforecement-auction procedure starts.

You need to monitor if the enforecement procedure is being done according to Law, if auction is being convoked legally, if value given to the property for auction is correct, mainly if Banks are respecting the minimums stablished by Law as a barrier for them not to bargain with mortgage debtor rights.

Limits are calculated in relation to a big amount the Bank wrote in the mortgage deed as value for auctions, which comprises capital + delay interests+ legal costs and as such is, obviously, much higher ( like a 40% more) than the amount you actually received as a loan. If your current debt is between 50% and 70%  of that big value, and depending on if you are resiodent or not,  your possibilities for defence are  quite strong.

In the worst of the cases, after a good, thorough control of the proces, you will end up with a residual debt ( of 10-15% of loan) you could be paying in a long term period. A quite considerable solution!

There are always arguments before a standard denial by the Bank. Keep the fight up!

Terra Alta, Tarragona, North eastern Spain, by SantiMB, at flickr.com