CASE LAB OF THE WEEK: IMPORTANT LEGAL TIPS WHEN BUYING A PROPERTY IN SPAIN. UPDATE Dear clients and readers, The subject of today’s post is of great importance to foreign investors willing to acquire property in Spain. In fact, we have recently received an enquiry about property conveyance, which speaks for itself. We ought to clarify…
APPEALS AGAINST A DECISION RENDERED BY THE TAX OFFICE: PART II: Dear clients and readers, In our previous post, (please see below the link for your perusal), we took the opportunity to give you a brief explanation regarding the type of available appeals against a decision rendered by the tax office. In our today’s post, we would…
LAWSUIT WON by “BZN LEX INTERNATIONAL LAWYERS”. Excellent news! Another great success was achieved by “BZN LEX INTERNATIONAL SOLICITORS & ABOGADOS”. Lawsuit case won! A landmark Court’s judgment rendered by the Torrevieja Court: We have managed to save our innocent client, from an unjust accusation of medical malpractice! Dear clients and readers, Have you been…
Why Choose BZN LEX Solicitors? We are a 100% independent legal firm based in Alicante, in the southeast of Spain and we offer comprehensive, professional legal services, locally and nationally, to both private individuals and businesses, who have legal interests in Spain (i.e. property conveyance, estate planning, inheritance, legal disputes, etc.) We are totally committed…
LEGACY OF COMMON SHARES SPAIN Supreme Court’s decision analysis: DELIVERY OF THE LEGACY Dear clients and readers, Firstly, in the sphere of company functioning and delivery of legacies, we are glad to share with you the recent landmark Judgment of the Spanish Supreme court nº 862/2021, of December 14. Which analyzes the position of the legatee…
ANOTHER FANTASTIC SUCCESS FOR BZN LEX INTERNATIONAL LAWYERS: HIGH COURT RULES IN FAVOUR OF OUR CLIENT There is no better way to finish the year than winning a lawsuit. THE FACTS OF THE CASE IN A NUTSHELL: “de mortius res nisi bene” (“you must always speak well of the dead”) The facts of the case…
ANOTHER FANTASTIC SUCCESS FOR BZN LEX INTERNATIONAL LAWYERS: HIGH COURT RULES IN FAVOUR OF OUR CLIENT THE FACTS OF THE CASE IN A NUTSHELL The facts of the case are as follows: Our client, an owner’s community, – hired our professional services in order to sue a property owner. Because he unilaterally built a storage room…
Excellent news! Another great success was achieved by “BZN LEX INTERNATIONAL SOLICITORS&ABOGADOS”. COURT CASE WON! A landmark Court’s judgment rendered by the Supreme Court against a well-known Spanish bank: We have managed to win the appeal and recover all our clients’ money directly from the bank involved! Dear clients and readers, Have you purchased a…
Dear clients and readers, We are currently dealing with a new case where our client (property owner) suffered a serious fracture when she slipped on the pavement of the terrace around the pool, belonging to the Community of Neighbors of the residential building. After being treated in the hospital, she underwent a complex rehabilitation…
SERVICE SUMMONS ABROAD Dear clients and readers, We frequently receive a lot of enquiries from clients residing in Spain (both individuals or corporate), as the defendant lives for example in England or the United Estates. How can the service be legally done? In the first place, regarding civil claims, do not…
SUCCESSFUL LAWSUITS AGAINST BANKS Dear clients and readers, In C. Bank v Julie and Andrew P [2021] Judgment Nº 000770/2021, the Spanish Court Nº 5 bis of Alicante has upheld our clients claim that the bank owed a contractual duty of care to advise them as to (among other things) the financial terms and conditions arising out of…
VALUATION FEES MORTGAGE SPAIN Dear clients and readers, The Supreme Court has recently ruled on January 27th 2021 (Appeal Nº 1926/2018. Decision Nº 35/2021) that the valuation fees in mortgage loans must be paid by the bank, and not by the consumer. With this landmark Judgment, all the financial consequences derived from the nullity of mortgage clauses that previously imposed on…
CONTROVERSY REGARDING THE IRPH INDEX ON MORTGAGE LOANS STILL GOING ON As you probably remember, on October 21; the Civil Chamber of the Supreme Court (from now own SC) deliberated and resolved four appeals filed in relation to the variable interest clause IRPH; – (“Decisions 595, 596, 597 and 598/2020”, of November 12); – after…
Tenancy Eviction Legal Framework Dear clients and readers, What are your options if your tenants stop paying the rent? Non-paying tenants cause severe consequences to landlords which may even lead to a bank repossession as many are reliant on the rental to cover their mortgage instalments. Therefore, due to the importance of this matter, we would like, –…
MORTGAGE COSTS II. CLAIM YOUR RIGHTS! CLAIM YOUR MORTGAGE EXPENSES: EXCELLENT NEWS FOR CONSUMERS: THE EUROPEAN COURT OF JUSTICE FORCES SPANISH BANKS TO REFUND ALL ABUSIVE MORTGAGE EXPENSES IN FULL. IMPORTANT: NOW IS THE RIGHT TIME TO REVISIT YOUR MORTGAGE COSTS, AND CLAIM WHAT IS YOURS! Dear clients and readers, We recently explained in a previous post,…
IRPH News. Lack of transparency but no abusive according to the Supreme Court Dear clients and readers, Our weekly post news is about the abusive clause applied to many mortgages, regarding the interest rate called IRPH or commonly known as “CAJAS”. IRPH. Lack of transparency but no abusive according to the Supreme Court. The Supreme…
Dear clients and readers, We are proud to announce that we have recently won a new important administrative lawsuit case against the Spanish Administration Government. In a nutshell, our client, – an important pharmaceutical company based in Torrevieja,- was unduly accused of prescribing unlicensed Magisterial Prescriptions, and intended to impose them a fine of more than 30.000…
MORTGAGE COSTS. CLAIM YOUR RIGHTS! EXCELLENT NEWS FOR CONSUMERS:THE EUROPEAN COURT OF JUSTICE FORCES SPANISH BANKS TO REFUND ALL ABUSIVE MORTGAGE COSTS IN FULL. REMEMBER: NOW IS THE TIME TO REVIEW YOUR MORTGAGE AND CLAIM WHAT IS YOURS! Dear readers, The Court of Justice of the European Union -CJEU- has declared in a judgment handed down…
ANOTHER CASE WON! OUR CLIENT SAVES THE HOUSE! The Court rules on the consequences of invalid accelerated repayment clauses in mortgages and declares the dismissal of the mortgage enforcement proceedings. On 11 September 2019, the Spanish Supreme Court delivered a landmark judgment resolving one of the most disputed issues relating to mortgage loans in Spain.…
“EL DERECHO A LA SALUD Y A LA VIDA DE LOS MAYORES, EN UNA PANDEMIA SANITARIA”. Muchas personas – la mayoría – se olvidan de que todo lo que hacen, y como lo hacen, y como deben actuar, es puro Derecho, y que, en base al Derecho les será exigida su responsabilidad personal. El Estado…
IRPH CLAUSE INTEREST RATE: MAIN CONCLUSIONS OF THE JUDGMENT Case C-125/18 The Court of Justice of the European Union, based in Luxembourg; has rendered a landmark and expected Judgment in Case C-125/18 Gómez del Moral Guasch/Bankia S.A.; in relation to IRPH clause inserted in mortgages.After having settled the cases on floor clauses and the mortgage tax (AJD, which was…
Enforcement of international court orders or judgments in Spain Overview Enforcement court orders Spain: The enforcement of foreign judgments is governed by Act 29/2015 dated 30 July 2015 on international legal co-operation in civil matters (Legal Co-operation Act), which entered into force in Spain on August 2015. Article 2(a) of the Legal Co-operation Act asserts…
SPANISH BANKS ARE LOSING THE BATTLE AGAINST THE EU CONSUMERS: MORTGAGE COSTS Dear clients and readers, I am proud to announce that we have recently won another important court case regarding the refund of the mortgage expenses by a Spanish bank. Consequently, I believe this article will surely be of great interest for those people…
IRPH Litigation Spain: The outcome of the European Court of Justice’s Decision On September 10, the Advocate General (Mr Maciej Szpunar) issued his Opinion on a preliminary ruling to be rendered by the Court of Justice of the European Union (CJEU). The Opinion relates to the validity of a contractual clause regarding the sale of…
At BZN Lex, we strongly believe it is as vital to prevent lawsuits as it is to settle them, when possible. That is why, – as litigators Solicitors, – we offer litigation services in Spain. We are prepared to take any necessary actions at every step of the process, whether legal proceedings are planned or…
Recovering Off-Plan deposits from banks: 100% success rate so far. Deadline for claims October 2020. Dear Readers: After years of protracted legal ordeal, stress and suffering, homebuyers who were affected by the Spanish property market crisis, are finally recovering off-plan deposits, for the money they paid for holiday homes that were never built. A landmark…
Dear readers, After years of protracted legal ordeal, stress and suffering, there is hope. Homebuyers affected by the property market crisis, are finally recovering the money they paid for holiday homes that were never built. A landmark ruling in Spain’s supreme court in December 21st 2015 (STS 5263/2015) is the key. This Ruling takes as a reference…
