On 25th march 2015, the 5th Section of the Alicante Appeal Court issued a ruling dismissing the appeal placed by BBVA against the First Instance Ruling estimating our lawsuit.
BBVA placed an appeal in cassation before the Supreme Court that has been rejected due to the failure of BBVA to appear before the Supreme Court.
So, the ruling issued by the Appeal Court (confirming the First Instance judgment) gains "res iudicata" force, which means that is definitive, and so on the First Instance ruling.
The final paragraphs of the First Instance judgment, issued by First Instance Court number 4 of Alicante on 25th november 2014 stated that BBVA should refund the off-plan deposits amounts paid in advance by our client, plus 6% interests since the payments were done to Herrada del Tollo and legal costs.
This means BBVA has to pay off-plan deposits, 6% yearly interests and legal costs both for First Instance and Appeal.
We must highlight, from the atatements made by the Appeal Court the following:
"even if the promoter fails to deliver BGs to the buyers, they have right to be under the guarantee as stated by Law 57/1968, and the success of the claim can't be affected by the absence of a direct contractual link before buyers and bank, as buyers are protected by the BGs just by signing a contract with the promoter and making the payments, and defaults between the promoter and the bank cannot be attributed to the buyers"
From the First Intance Court statements we must highlight the following:
"[...] defendant BBVA must respond for not respecting and fulfiling accurately the mandatory statements of Law 57/1968, and should have guaranteed strict controls on the payments done in the special account and the aim of those payments"