Legal tip 1171. NEW! Won case against Inroal and Banco Mare Nostrum
Tuesday, June 24, 2014 @ 10:56 AM
New case won by CostaLuz&DeCastro against PROMOCIONES INROAL S.L. & CAJA GENERAL DE AHORROS DE GRANADA (BANCO MARE NOSTRUM S.A.)
The final paragraphs of the First Instance Sentence delivered on 5 June 2014 and notified on 17 June 2014 state:
BANCO MARE NOSTRUM S.A. is sentenced to refund the amount of 19,469.94€ plus legal interest at 6% per annum on that amount from 3 August 2011 until the date of payment.
With regards to the liability of the Bank according to its obligations under LEY 57/1968 the Judge stated:
“The liability of the bank is not dependent on the bank account being titled or of the type ‘Special’, but what is important is the ‘essence’ of the account. Thus to understand in this case we are in the presence of a special account, the buyer must have paid to an account in the name Promociones Inroal S.L. opened in Caja General de Ahorros de Granada and the Bank must have known that the amounts being paid to that account were from off-plan buyers in relation to the construction of housing.
It is a proven fact that Promociones Inroal S.L. had only a single account with Caja Granada and it is a proven fact that Mr xxxxxxxx paid 19,469.94€ into the account to pay for an off-plan apartment. Thus it can be assumed that the bank knew that the account was for income derived from the purchase of off-plan homes.
It is proven that the money was credited to an account opened by Promociones Inroal S.L. in the bank known today as Banco Mare Nostrum and that account is a special account according to the meaning of Article 1 of LEY 57/1968. It must be concluded that the bank is responsible under the Article 1segundo of LEY 57/1968 for failing to demand from the Promotor the corresponding Certificate of Insurance or Guarantee.
Thus the bank is liable to the buyer for failing to fulfil its obligations according to LEY 57/1968 for amounts paid to the bank for the purchase of off-plan property”.
Good for Granada Judge! Congrats to client and Costaluz&DeCastro teams!!
Granada 5, Granada, South eastern Spain, by Fernando Lopez, at flickr.com