Javaloyes

SUCCESS STORIES

In this section we publish some of the judgments or decisions made as a result of the work of our attorneys. The published criteria of relevance and interest, and date. To preserve the identity of our customers or we suppress their names or change them for other fictional:

ADMINISTRATIVE LAW AREA

Auto of the National Court of 6 September 2013. Question of unconstitutionality of the law of court fees.

The director of the office, Miguel Javaloyes, led the legal proceedings in which the Ministerial Order regulating the payment of court fees resorted. The High Court granted that request by the applicant entity and constitutional issue raised by this important resolution.

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CIVIL LAW BANKING AREA

Auto Court of First Instance of 28 April 2015. Nullity of multicurrency mortgage. 

The Court of 1st Instance No. 100 of Madrid has estimated the opposition to the execution filed by the law firm Legal Javaloyes under the direction of legal Ana Feijoo.

The Court has condemned the BANCO POPULAR to recalculate all amounts in euros from the beginning of the loan and has also been ordered to rectify the interest rate Euribor + 0.40%, discounting all deliveries made in euros, imposing costs to BANCO POPULAR , which will save our client for more than 100,000 euros.

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AREA GENERAL CIVIL LAW

Judgment of the Provincial Court of Madrid of February 4, 2015. Violation of the right to honor.

The Provincial Court of Madrid condemns United Left for infringement on the right to honor a client’s Legal Javaloyes by a series of insults on its website for several days keeping the comments accusing him of “sausage” and “shameless”. The responsibility is derived for not acting moderator Web in the sense of removing insults.

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INSURANCE LAW CIVIL AREA

Judgment of the Madrid Provincial Court of 21 April 2015. MAPFRE Condemns disability insurance.

The company refused to pay compensation despite being covered risk occurred, as was the declaration of invalidity. After several years of complaints, the Court confirmed the Court’s decision and orders the company to pay 60,000 euros plus interest of the Insurance Act, denying the occurrence of bad faith by the insured at the time of completing the form insurance.

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AREA LABOR LAW

Judgment of the Superior Court of Madrid of 25 April 2015. Estima then appealed on dismissal.

Worker’s rights have been safeguarded despite the Labour Court initially rejected the request in a matter personally run by the legal responsible for the area of labor, Martin Quiñones Fe. The Court accepts our arguments, and understand that you can not leave to the discretion of the employer to continue or termination of the employment relationship with a contract term support too abstract causing insecurity to the worker, and therefore is deemed as illegal by abusive.

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CIVIL AREA BANKING

Judgment of the Provincial Court of Madrid of February 2, 2015. Condemns Liberbank by selling preferred.

Although the office we have achieved numerous statements condemning banks for sales and marketing of preference, this judgment was a remarkable success because despite not having a copy of the contract and although the bank wielded lack of passive legitimation, and that the Court of instance dismissed the application, we get that the Provincial Court gave the reason the customer accepting the legal grounds of appeal, concerning the evidentiary principles of civil procedural system and the undisputed facts in the first instance.

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CRIMINAL LAW AREA

Supreme Court ruling of 18 December 2014. Estimated appeal.

In this judgment the Supreme Court considers the appeal brought by the Legal Javaloyes client. The High Court House the judgment of the Provincial Court, which condemned the defendants to three and a half years in prison and a liability of more than 500,000 euros. The appeal was based, among other things, breach of form for having wrongly refused the evidence proposed by the defense.

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