Legal tip 1364.WON CASE in FIRST INSTANCE COURT AGAINST CAIXABANK FOR OUR CLIENTS WHO PURCHASED OFF-PLAN PROPERTIES FROM THE DEVELOPER ANDAINVER S.L. (now DESARROLLOS EMPESARIALES NAPLES S.L.) AT CALANOVA SEA GOLF DEVELOPMENT
12 February 2016 @ 15:01
WON CASE in FIRST INSTANCE COURT AGAINST CAIXABANK FOR OUR CLIENTS WHO PURCHASED OFF-PLAN PROPERTIES FROM THE DEVELOPER ANDAINVER S.L. (now DESARROLLOS EMPESARIALES NAPLES S.L.) AT CALANOVA SEA GOLF DEVELOPMENT
We were extremely pleased to inform our clients today that we had won their case against CAIXABANK in the First Instance Court.
The clients did not receive individual Guarantees from the developer, Andainver S.L. or from CAIXABANK, the Bank to which part of their off-plan deposit was paid and the Bank that signed a Guarantee Line with the developer.
Re: YOUR CASE AGAINST CAIXABANK S.A. - PO XXX/2015
Please find attached the Sentence from the First Instance Court No.4 in Fuengirola (Málaga).
Your case against CAIXABANK has been won.
The final paragraph of the First Instance Sentence delivered on 3 February 2016 and notified on 4 February 2016 states:
“Fully upholding the Lawsuit filed on behalf of XXXXXXX, XXXXXXX & XXXXXX and condemn CAIXABANK S.A. to pay to the plaintiffs the amount of XXX,XXX euros (XXX,XXX€ to Messrs XXXXX & XX,XXX€ to Mr XXXXXX), increased by that amounting from applying the interest under LEY 57/1968, of 29 July, with the imposition of costs to the defendant”
So your Lawsuit has been upheld and CAIXABANK is sentenced to refund the amount of XXX,XXX€, plus interest in accordance with LEY 57/1968.
We have requested the Court to clarify if interest is to be calculated from the date in 2004 when you made the off-plan payments to the developer or from the filing of the Lawsuit in 2014 as it is not clear from the Sentence.
Costs of the First Instance Proceedings are imposed on CAIXABANK.
CAIXABANK has 20 working days from the date of notification of the Sentence, which was 4 February 2016, to comply with the Sentence or to file an Appeal to the Provincial Appeal Court of Málaga.
http://www.eyeonspain.com/blogs/costaluz/15845/legal-tip-1364won-case-in-first-instance-court-against-caixabank-for-our-clients-who-purchased-off-plan-properties-from-the-developer-andainver-sl-now-desarrollos-empesariales-naples-sl-at-calanova-sea-golf-development.aspx