Re: YOUR CASE AGAINST PROMAGA S.A.U. & UNICAJA
PO-xxx/xxxx
Please find attached Sentence number 50/2015 from the Provincial Appeal Court Section of Algeciras in Cádiz.
I am pleased to advise you that the Provincial Appeal Court has dismissed the Appeal filed by UNICAJA S.A.U. and upheld the First Instance Sentence dated 20 May 2013 issued by the First Instance Court No.3 in La Linea de La Conception, in full.
The final paragraph of the First Instance Sentence delivered on 20 May 2013 stated:
“I estimate the Lawsuit filed against the company, Promaga S.A.U. declaring the termination of the Purchase Contract between MR XXXXXXX XXXXXXXX & Mrs XXXXXX XXXXXX XXXXXXX with the commercial company Promaga S.A.U dated 30 December 2004; and condemn in solidarity the co-defendants Promaga S.A.U. & Unicaja to pay in solidarity to the plaintiffs the amount of 22,579.66 Euro (VAT included), together with accrued interest in accordance with Art.576 of the LEC from the date of this present resolution plus the following default interest accrued on that sum: interest according to Art. 3 of LEY 57/1968 from the date of the extrajudicial claim, 9 October 2008, document No. 8 of the Lawsuit for Promaga; interest of Art. 1.101 & 1.108 of CC from the extrajudicial claim dated 29 April 2009, document No. 9 of the Lawsuit for Unicaja; and condemned for half to Promaga S.A.U and to Unicaja the payment of legal costs”
The final paragraph of the Provincial Appeal Court Sentence delivered on 6 April and notified on 21 April 2015 states:
“That dismissing the Appeal filed by UNICAJA S.A.U., against the Sentence of the First Instance Court, we must ratify and fully confirm that Sentence and impose the costs of this Appeal on the Appellant Bank”.
So the Provincial Appeal Court has dismissed the Unicaja S.A.U. Appeal and upheld the First Instance Sentence in full. Costs of the Appeal are imposed on Unicaja S.A.U.
Unicaja S.A.U. has 20 working days from the date of notification of the Sentence, which was 21 April 2015, 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.
CONGRATULATIONS TO CLIENT , ALGECIRAS COURT and COSTALUZ-DECASTRO teams