スペインのSantiago de Compostelaの裁判所は、Novagalicia銀行が詐欺てきに販売した優先株式の全額63´000ユーロを返済するように判決。顧客に十分な情報を知らせずに販売。
Un juzgado de Santiago condena al banco a devolver 63.000 euros de una preferente
La sentencia considera probado que que no se ofreció al clinete la información adecuada
Consulta toda la información sobre las participaciones preferentes
El País Santiago 6 MAY 2013 - 16:49 CET
A court of James condemns the bank to repay 63,000 euros a preferred
The sentence will be satisfied that it was someone who did not offer adequate information
Check all the information on the Preferred
The Country Santiago 6 MAY 2013 - 16:49 CET
The Court of First Instance No. 1 Santiago de Compostela has declared void the contracts for a client to acquire preference shares Novagalicia, considering that there was "vice essence of consent", forcing the company to return some 63,000 euros trapped in these products.
The ruling stems from a previous hearing held on April 24 attended by the legal representatives of the company and the client, assisted by lawyer Fernando Mosquera Viéitez. The text, seen by Europa Press, declares void three contracts (one for 12,000 euros, one for 7,800 and one for 44,000 euros) all signed in May 2009. Thus, the court orders the parties to "mutually restored the amounts received or accrued" in terms of contracts.
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The paper finds evidence that "pre-contract or under contractual or customer gave sufficient and adequate information about the risks assumed, especially when the actor was not experienced and may be regarded as not even aware of this type of contract complex ". This implies "the existence of vice in the provision of consent" he says. To prove that the customer is responsible, the statement refers to the "lack of accurate, correct and proper" by the bank. In fact, indicates that the entity was "forced" to provide that information on product characteristics and extent of the risks involved with hiring. Concur, according to the document, the budgets of "excusable error existence in the plaintiff."
Also, regarding the claims of the bank on which the customer did not protest the charging of interest and signed three contracts, Case rejects the arguments and points out that the signing of three documents are produced in the same month "without being able to check investment results. " As this person had acquired in 2005 40 titles Caixanova subordinated notes, court papers considers that "its such securities were sold without problems the following year, the actor could not find out what you bought and sold in a short span of time "and that circumstance" would confirm only that the actor had full confidence in the bank and left in their hands the management of their savings, certainly in the belief that the bank took care of their interests. "
"Abusing trust and good faith that the financial institution made and unmade at will for many years with client money, ignoring their duties of loyalty and good banking practices and putting their own interests and needs financing to their customers" , said the statement.
The court notes that the client was affected entity since 1994 - first Pontevedra box after Novagalicia Caixanova and later Bank - and preferred contracts were offered by staff of the institution, "with which had a full and absolute confidence "in the same way that he trusted" advice, suggestions and recommendations of the staff ". The applicant has stated that employees always asked their savings "had never any risk that the capital was always full ganrantizado and availability at all times" - was, according to the judgment, a customer "deposit and current account" with investor profile "eminently conservative."
According to his version, he was offered a "high yield deposit that would allow access to your money at all times and in which there were no risks." This, he says, was "the only verbal information received".
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