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El blog de Maria

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

Legal tip 345. Won case on balance of penalties: good for consumer oriented Judge in Totana
Monday, September 20, 2010 @ 1:57 PM

We have just received today a Court decission in favour of our client. We claim for the balance of the penalty clause. Polaris wanted to keep the 100% of the deposit he has paid as a penalty clause for lack of completion/ default by the vendor.

We challenged that penalty clause on the basis of being against Consumers Rights as per stablished in the Consumers Act ( article 85.6 specifically), which says:

Article 85: Abusive clauses as linking the contract to developer´s will

(...)

6.Clauses that imply the imposition of an unproportionately high penalty clause to the consumer who does not meet their obligations.

The Judge, declares null and void the said clause and allows Polaris to keep just  9000 €, against the 63.000 € that Polaris was keeping as penalty clause.

Good for judges moderating illegal and abusive clauses of contracts. It is part of their role. Good for the future of regions they are incardinated. If they produce balance and fair Law, economy will grow healthier.

Good news for the beginning of this rainy week of September.

Congratulations to our litigators!

Maria

Street in Cordoba´s Juderia by Roberto Pecino at Flickr.com



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2 Comments


Keith said:
Monday, September 20, 2010 @ 12:50 PM

Good news, Maria.

It all helps to put pressure on the developers so they begin to realise that they cannot continue including unfair clauses in contracts.

Despite some very unfair and questionable court judgements over the past few years - it is good to know that Judges are starting to accept that CONSUMERS do have rights in Spain!!

Times are changing.

And.....we have sunshine here today - sorry to hear about the rain in Algeciras!

Kind regards

Keith


Kul said:
Tuesday, September 21, 2010 @ 9:09 AM

Well done to Maria and her team..Please keep up the excellent work..


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