British clients who attend court in Spain often ask me the same question: “Why is the judge doing all the talking?” For anyone familiar with the English courtroom, where judges sit silently as barristers argue, the Spanish scene can feel unsettling. A magistrate in Madrid may cut into a witness’s testimony, demand further evidence, or redirect a lawyer’s line of questioning.
The Investors residence permit (also known as golden visa) has been one of the most popular vehicles used by non-European expats in order to start a life in Spain. Between 2019 and 2020, before Brexit fully took effect, some UK citizens secured Spanish Golden Visas through property investments in anticipation of losing EU free movement rights. However, Spain’s new immigration
How Del Canto Chambers Can Help You If you entered into a mortgage in Spain – whether with a Spanish or international bank – and that loan was offered as a multi-currency mortgage (for example, denominated in Swiss francs or Japanese yen on a Spanish property), you may now face unexpected financial and legal consequences. The problem On paper, these products looked
Del Canto Chambers Spanish tax team, led by Paula Losada has recently achieved a significant victory against the Spanish Tax Authorities in an administrative court (Juzgado Central de lo Contencioso-Administrativo nº 2 de la Audiencia Nacional). In 2019, a Spanish tax resident client faced a tax inspection regarding their 2015 Income Tax Return. The Spanish Tax Office claimed a significant
Mortgage expenses “to be refunded in full”. Once again, the ECJ corrects the jurisprudence of the Spanish Supreme Court, on this occasion with regards to the mortgage expenses and the mortgage opening fees. A judgement has been handed down in the Court of Justice of the European Union (CJEU) on 16th July 2020 relating to several issues regarding mortgage expenses, mortgage opening
Post-COVID19 insolvencies in Spain: Apocalypse now? As we reported in our previous legal alert, the state of emergency has practically suspended all non-urgent activity before the Spanish courts, and specifically those proceedings related to commercial and business matters. Accordingly, despite the severe circumstances affecting companies in financial distress due to their lack of activity, the Spanish commercial courts are not
Dear Clients Del Canto Chambers Press Note on COVID-19. Due to the recent communications issued by several Official Sources advising companies to promote the teleworking in those zones where there is a high risk of transmission of the so called Virus Covid-19. Our Firm has decided to put in practice these measures in order to prevent and stop the spreading
The European Court of Justice ruling on IRPH Spanish mortgage loan clauses. The court handed down judgment on 3 March 2020, granting consumers affected by the index reference for mortgage loans (IRPH) a new chance to claim against Spanish banks. An alternative to Euribor, the IRPH is a mortgage indicator for interest rates applied in Spain by the Spanish Central
The new strategy of banks: request the testimony of the borrowers. Banks are up against the wall. Especially with regard to floor clause claims. The Bank’s chances for obtaining a ruling in favour of their interests are very unlikely. Especially, after the ruling of the Court of Justice of the European Union 21/12/2016. Although the former Spanish Government had put
The OCU appeals the decision of the CGPJ to create specialized courts for floor clause claims. This isn’t the first time that from Del Canto Chambers, we inform on the disadvantages of the creation of Ad Hoc Courts for floor clauses. In our article published last month #MortgagedJustice. The bank claims: a hard journey. We highlighted the inconveniences for those
