just to advise after many years and an appeal, the insurance company who provided the bank guarantee at dona julia, have returned the funds to the court, so i will be reimbursed shorly
whilst i still dont understand spanish law which relates to this issue, i believe that because i was one of the first who committed to the development [dec 2005], sufficient time had passed within my contract [ the developer had 24 months to complete, and a further 12 months leeway] prior to the licence for occupation granted on 1st may 2009[ if i remember correctly]
thus i would recommend to any of you in a similar position who arent pursing a claim to take legal advice, and hopefully the courts will rule in your favour.
i have used martinez echevarria in puerta banus as lawyers, who have a specialised litigation department
if i can be of any assistance, please contact me