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Legal Issues in Spain - Telephone 704101104

Spanish case-law placing a temporal limitation on the effects of the invalidity of "floor clauses" include in mortgage loan contracts in Spain is incompatible with EU law
5.Feb.17 - 10:00 am

By judgment of 9 May 2013, the Supreme Court of Spain held the "floor clauses" to be unfair, given that the consumers had not been informed properly about the economic and legal burden which the contract would place upon them. Nevertheless, the Supreme Court decided to limit the temporal effects of the declaration of invalidity of those caluses, so that they would have effect only for the future, as form the date of delivery of the abovementioned judgement.

Some of the consumers affected by the application of those clauses are asking for repayment of the sums they claim have been unduly paid to the financial institutions from the date on which their loan agreements were concluded. The matter having been brought before them, the Commercial Court nº 1 Granada and the Provincial High Court Alicante ask the Court of Justicie whether the limitation of the effects of the declaration of invcalidity from the date of the delivery of the judgement of the Supreme Court is compatible with the Directive on unfair terms, given that, according to that directive, such clauses are not binding on consumers.

In judgment joined cases C-154/15 and C-308/15, the Court holds that EU law precludes national case-law in accordance with which the restitutory effects connected with the invalidity of the an unfar term are restricted to the amounts overpaid after the delivery of the decision holding that the term is unfair.

The finding of unfairness must have the effect of restoring the consumer to the situation that consumer would have been in if that term had not existed.

New taxpayers obliged to relate electronically with the Tax Agency
19.Nov.16 - 9.00pm

2 October 2016 is the date of entry into force of Act nº 39/2015 of 1 October on the Common Administrative Procedure of the Public Administrations.
This act obliges, among others, corporate persons and companies without legal personality to relate electronically with the Public Administrations. Entities without legal personallitiy include joint ownerships, unclaimed estates and owners communities.
This electronic relationship includes both the notifications and the submissions of documents and applications via the register.
The submission of tax returns and self-assessments will continue as until now, due to not being affected by Act nº 39/2015.
Submissions of documents and applications addressed to the Tax Agency must be made obligatory via electronic register at www.agenciatributaria.gob.es

Aternatives to provisional detention in Spain.
13.Nov.17 - 10:00 am

In criminal proceedings the judge, in addition to provisional detention, may order types of precautionary measures to ensure that the offender is brought to trial and that the judgments is enforced. Precautionary measures should be adopted if a punischable act can reasonably be attribuited to a particular person and if there is a risk or danger that the defendant will evade trial or enforcement of the sentence. The measures that may be adopted are the following:

  • Summons (Articles 486-488 Code of Criminal Procedure).
  • Release on remand pending trial (Articles 528-544 Code of Criminal Procedure).
  • Bail (Articles 589-614 Code of Criminal Procedure).
  • Attachment (Articles 589-614 Code of Criminal Procedure).
  • Restraining order (Article 544a Code of Criminal Procedure).
  • Protection order (Article 544b Code of Criminal Procedure).

Timeshares and holidays club
18.Febr.16 - 09:00am

Timeshares and holidays clubs are hight on the list of complaints from EU consumer. The EU Timeshiare Directive (2008/122/EC) has been designed to enhance consumer protection surrounding timeshares and holidays products, as well as exchange and resale.
Consumers have greater protection when they buy and resell timeshare holidays, or timeshare-like holidays on cruise boats, canal boats, caravans and "discount holidays club". The directive aims to prevent "pressure selling".
The regulation cover:

Long-term holidays products (i.e. holidays club);
Shorter term contract - all purchases for a period of one year or more including tacit renewal or shorter periods;
All forms of holidays accomodations (including boats and other moveable property such as caravans or cruise ships),
Resale of timeshare or holidays club memberships by consumers;
Exchange services (i.e. some timeshare owners pay an extra fee to join an exchange club, where they can swap their week in, say the Canaries for a week in another location).
The timeshare diretive 2008/122/EC was officialy transposed into the Spanish national legal system on 06/07/2012 by the law 4/2012.

Bank Account in Spain
12.Sep.2015- 11:00am

There are two differents types of accounts, a Resident Account and a Non Resident Account. Which one is for you depends on whether you are a resident or a non resident in Spain.

For those who were born in Spain, you will need to provide your DNI documentation. As expats are not born in Spain, they will have an NIE number as opposed to a DNI number, which will need to be shown along with photographic identification such as a passport.

Resident Account

There are a few different ways that you can be deemed resident in Spain. You will be classed as a resident if you spend 183 days or more per year in the country.

Another way, is if you use Spain as the base for a business or professional activity or also if you have a spouse and/or children under 18 who are permanent resident in Spain.

Non Resident Account

Anyone applying for the non-resident account needs to prove that they are a non-resident. To obtain shuch proof, you need to apply for a "Certificado de No Residencia" by the police station (Dirección General de la Policía) with your passport and a full photocophy of your passport. This has to be done in person or someone with power to act in your behalf.

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