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El blog de Maria

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

Legal tip 1221. NEW! Action won against BBVA in Herrada del Tollo case
22 October 2014 @ 12:42

Just copying recent communication to one of our clients:
Please find attached Sentence number 340/2014 from the Provincial Appeal Court of Madrid Section .
The Appeal filed by BBVA against the First Instance Sentence has been lost.
The final paragraph of the First Instance Sentence delivered on 9 May 2012 stated: 
“I estimate the Lawsuit filed on behalf of xxxxxxxxxx & xxxxxxxxxx  against BBVA and I condemn and order the defendant to pay to the plaintiff the sum of 83,445 Euro plus legal interest accrued from 6 August 2010 and condemning the defendant to pay the costs of this procedure”
So the First Instance Court upheld your Lawsuit and condemned BBVA to refund you the amount of 83,445€ plus legal interest from 6 August 2010.  The costs of the First Instance Procedure were also imposed on BBVA.
The final paragraph of the Provincial Appeal Court Sentence delivered on 9 October 2014 states:
“We dismiss the appeal made on behalf of BBVA against the First Instance Sentence of 17 January 2013 issued by the Judge of the First Instance Court No. 55 of Madrid in Ordinary Procedure No. 440/2011 and confirm that Sentence with the express imposition of costs on the Appellant Bank”
So the Provincial Appeal Court has dismissed the BBVA Appeal and confirmed the First Instance Sentence.  Costs relating to the Appeal are also imposed on BBVA.
BBVA has 20 working days from the date of notification of the Sentence, which was 22 October 2014, to comply with the Sentence or to file a Cassation Appeal to the Supreme Court.
If a Cassation Appeal is filed by the defendant it will be necessary for us to file an Opposition to the Appeal on your behalf.
If the defendant fails to comply with the sentence then we will enforce the sentence against it.

Herrada del Tollo, Alicante, Eastern Spain

Like 2


grumpy121 said:
23 October 2014 @ 11:39

This is good news

Was this a ley 57/68 claim

Also what is the time frame from the first instance to the appeal being made.

Was it 17/1/13 to October 2014 20 months ??

What happened on 9th May 2012

Is this normal to take so long.

mariadecastro said:
23 October 2014 @ 11:46

Yes, it was a Law 57/68 claim.

May, 9th 2012: First Instance Court Decission
October,9th 2014: Appeal Court Decission

Yes, a long wait for the client before Appeal Court issued the decission. Interests against the Bank. Legal Costa against the Bank.

grumpy121 said:
28 October 2014 @ 14:48

If the developer fails to pay are the bank responsible ?

How long are appeals taking and are the banks wining appeals
How is justice served if it takes so long and people don't live long enough to
get their money.

How many case are waiting for first instance judgement and how long are
these taking. Are bank still getting away with it or is the tide turning ?
If apartments are half built is bank still responsible ?

The fight moves very slowly !

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