All EOS blogs All Spain blogs  Start your own blog Start your own blog 

El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1044. NEW! Case won against Marbella Vista Golf and Banco Popular
08 October 2013 @ 21:12

Congrats to Judge, clients and Costaluz&DeCastro teams!
 
Judge explains better than me:
 
   “I estimate in full the Lawsuit filed by xxxxxx and xxxxxx against MARBELLA VISTA GOLF S.L. and against BANCO POPULAR ESPAÑOL S.A. with the following statements:
 
a) The Contract of Sale signed by xxxxx & xxxxxx & MARBELLA VISTA GOLF S.L. dated 18 December 2003 is cancelled due to breach of the seller.
 
b) I order the defendants, in solidarity, to pay to the plaintiffs 105,769.50 Euros plus legal interest under the terms indicated in Item 4 of this Sentence.
 
c) Costs are imposed on the defendants
 
2. I completely dismiss the counterclaim made by MARBELLA VISTA GOLF S.L. against xxxxx and xxxxxx and absolve the plaintiffs of all claims against them.  The costs of the counterclaim are imposed on MARBELLA VISTA GOLF S.L.”
 
With regards to the payment of interest, Item 4 of the Sentence states:
 
“As per Article 1124 of the Civil Code the cancellation of the purchase contract determines the return of the amounts paid (105,769.50€), plus damages, which, according to Article 1108 of the Civil Code as a monetary obligation will require MARBELLA VISTA GOLF S.L to pay legal interest from the date delivery occurred (18 December 2003) & regarding the entity BANCO POPULAR ESPAÑOL S.A. from the date of the Court Summons (9 February 2010 – Document 13 of the Lawsuit) pursuant to Article 1100 of the Civil Code.  From the date of this Sentence the interest rate will be the legal rate plus 2% until payment in full in accordance with Article 576 of the LEC”
 
The defendants have 20 working days from the date of notification of the sentence, which was 7 October 2013, to comply with the Sentence or to file an Appeal which would then be heard by the Provincial Appeal Court of Malaga.
 
Castellar de la Frontera, Cadiz, South of Spain, at facebook.com
 
 
   


Like 1




2 Comments


M11Block said:
08 October 2013 @ 20:35

Excellent news Maria, just hope they pay up. Your clients will be ecstatic as we were when the judge passed the sentence. I only hope Marbella Vista Golf and Banco Poplar Espanol just don't totally ignore the Courts and the sentence. I wish your clients every good wish and pray they won't have to go through what we have gone through for the past three yearsi since we had a sentence in our favour. Congratulations to you all for a positive sentence and hopefully a positive conclusion.


mariadecastro said:
09 October 2013 @ 12:53

Marbella Vista Golf is possibly in very bad finantial position and their assets will have preferent charges held by.... guess who? the Bank funding the development. They tied their guarantees up pretty well but left clients completely unprotected!

Banco Popular is a solvent Bank which will pay without no doubt.

Need to add that I fully understand where you are, as it has been the situation of hundreds of our clients, but... fortunately, Judges are applying Law 57/68 correctly and making Banks liable even when no individual certificate of Guarantee was issued.

Let´s keep the hopes up for punishment to Banks and balance to financial markets!



Only registered users can comment on this blog post. Please Sign In or Register now.




 

This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x