Novagalicia、優先€550,000を返すように命じ
クライアントは87歳の男で、裁判官は、それが適切に知らされていなかったことが考えられ
Novagalicia ordered to return € 550,000 preferred
The client is a man of 87 years, the judge considered that it was not properly informed
Novagalicia condenada a devolver 550.000 euros de preferentes
El cliente es un hombre de 87 años, el juez considera que no fue debidamente informado
Consulte toda la información sobre las participaciones preferentes
El País Santiago 31 MAY 2013 - 16:57 CET
Novagalicia ordered to return € 550,000 preferred
The client is a man of 87 years, the judge considered that it was not properly informed
See all the information on the Preferred
The Country Santiago 31 MAY 2013 - 16:57 CET
A judgment of the Court of First Instance No. 4 in A Coruña Novagalicia forces to return 549,000 euros to a man of 87 years who came to sign preference shares 630 titles in 2009, with a nominal value of 630,000 euros. The law firm that brought the lawsuit highlighted Europa Press that it is the judgment concerning such financial products "of greater amount to date in Spain".
Specifically, the judge declared the nullity of the contract and, therefore, requires the entity to return the applicant 549,000 euros plus statutory interest on that amount from the September 16, 2009. This, in turn, is obliged to return to Novagalicia 101 116 euros and 549 preference shares currently owns. In its reasoning, the judgment emphasizes that it is a contractual document "lacking clauses, where simply reflects print and without proper typographic relevance for the front, of the essential characteristics of the product". He adds that "there is no evidence that in the pre-contractual phase evaluate the investment profile" client nor "they handed him the brochure or information leaflet." Nor is there evidence that out-performed the suitability test and, "all in clear violation of the obligations of information and protection of the interests of customers that are contained in the Securities Market Act," says the self.
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The head of the institution said the man "was asking the entity to this product because I had heard of it." He also said that "there were several meetings in which she" and another manager "properly informed" customer. "He gave the order and signed the same day the test MiFID" and "the actor had up to 5 million euros in the office on time deposits," said Novagalicia charge. However, the judge observed that he does not know "explain clearly and forcefully the question of dates." Against this, draws attention to the "perfect reason science and knowledge" with which the plaintiff said, "in a clear and coherent" about who "wanted to invest even more money than they invested in preferred shares "but" never heard "of that product" or knew what it was, until he opened his eyes the director of a Santander bank office. "
In view of the above, the magistrate sees "totally inappropriate and improper" the product for clients such as the plaintiff, who understands to be "qualified as a retail client." Therefore, and before hitting that "no error vice when the contractor will be formed from a belief inaccurate" nullity of the contract fails. As of May 28, Novagalicia Bank, on its website, notes that already 97 the judgments of Justice that forced the company to return the savings invested in these products to their customers.
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