Blog

BANKING: Abusive Default Interest.

Area: Banking Law Date: February, 2015 Reductions and Bonuses for Self-Employed Contributions. 2015. IN DIEM Abogados obtains a judicial ruling that not only declares clauses relating to default interest unlawful, but directly reproaches LA CAIXA for the intolerance by law and the courts of the contractual conditions imposed by the financial institution. Indeed, the COURT recalls that in relation to default interest, without forgetting that there is a doctrinal and jurisprudential trend (Supreme Court Judgment of October 2, 2001, among many others, the latter cited in the order of Section 19 of the Provincial Court of Barcelona of December 19, 2012, and judgment of the same Section of April 7, 2013), according to which, when default interest is concerned, its accrual occurs due to prior legally reprehensible conduct by the debtor and its application serves both to compensate, without the complication of exhaustive and complete proof, the damage that the...
Read More

SOCIAL SECURITY: Bonuses and Reductions in Self-Employed Contributions 2015

Area: Social Security Law Author: José Luis Castillo Expósito. Date: February 2015 Reductions and Bonuses for Self-Employed Contributions. 2015. Social Security has published the new contribution bonuses for the self-employed for 2015; continuity is noted in the bonus or reduction percentages and deadlines, but new groups have been added. These include the following: Bonus for self-employed workers who cease activity due to maternity leave. Bonus for self-employed residents in Ceuta and Melilla. Bonus for the registration of collaborating family members of self-employed workers Reduction in self-employed contributions for young people under 30 joining the RETA Reduction in self-employed contributions for those joining the RETA Reduction for self-employed persons with disabilities with a degree equal to or greater than 33% The IN DIEM Abogados Bulletin details the various reductions and bonuses to facilitate greater dissemination of a subject often unknown to self-employed workers, whose rights they frequently do not exercise.

Floor clause annulment

The Supreme Court annuls eight floor clauses due to lack of transparency As reported by the General Council of the Judiciary (CGPJ), the Supreme Court, by judgment dated September 8, 2014, published on October 23, 2014, annulled eight clauses of Caja Segovia (now Bankia), as the bank failed to comply with the specific duty of transparency it had in relation to these clauses with the customers with whom it signed the mortgage loan agreements. The bank’s argument that the deeds were read by the notaries and that customers were warned of the possibility of reading them is therefore rejected, since this does not replace the duty of explanation and transparency owed by institutions to users. The Chamber is unable to examine the consequences of the declaration of nullity of the floor clause when determining whether the amounts charged by the bank pursuant to that clause should be refunded to the...
Read More

Domínguez Family Centenary

CENTENARY: The Domínguez Business Family. 1914-2014 100 years ago, Mr Fernando Domínguez Alfaro, with extensive experience in bottle kilns, where he worked as foreman at Pickman’s ceramics factory in Seville, decided to start his own business, beginning by manufacturing ceramic lamp holders and later producing other items such as ceramic water pipes, tiles, ceramic containers, etc. Mr Fernando Domínguez Franco later joined the family business and, in 1934, during the Republic, began manufacturing refractory materials in the bottle kilns that were still in operation, using as raw material clay rich in alumina (among other minerals). Subsequently, the bottle kilns were replaced by more modern, higher-yield industrial shuttle kilns. In 1985, three of his sons—Mr Fernando Domínguez Merino, Mr José María Domínguez Merino and Mr Carlos Domínguez Merino—had already fully joined the business, and the company Refractarios Alfran, S.A. was incorporated, known under the ALFRAN brand, providing fresh momentum for innovation...
Read More

Seville Free Trade Zone Course

Business Opportunities in the Port of Seville. The Seville Free Trade Zone is now operational, supported by all Public Administrations and Institutions, with investments of 89 million Euros planned for the coming years, which will entail an unprecedented boost and transformation of trade and industry. The Seville Free Trade Zone will create numerous opportunities, and now is the optimal time to plan for them. This course offers strategic training on the development of financial, tax, and logistical aspects. Course Details: SCHEDULE: 5:00 PM to 8:30 PM. DATES: October 15 and 16. PRICE: Eligible for social security bonuses through training credits. FREELANCERS: Special rates for freelancers. PAYMENT METHOD: By bank transfer before the start of the course. LOCATION: IN DIEM Abogados Training Room. Calle Castillo de Utrera num 2A. Seville, CP 41013. Content: 01 Introduction 02 Definition of Free Trade Zones and Differences from other Schemes 03 Operation of Free Trade...
Read More

Estate Planning Course

The Fruit of a Lifetime’s Work in the Hands of Your Children. The purpose of this training course is to understand the inheritance transmission system, establishing the best strategies for inheriting, minimizing costs, and avoiding the common problems that arise in succession matters. The aim is to provide practical and straightforward assistance in planning the inheritance of our families, taught by specialized professionals, with the course being eligible for subsidies (through training credits). For more information: IN DIEM Abogados. Tel. 954 270 522 Visit the Website: http://coynet.wix.com/herencias#!inicio/mainPage Course Details: SCHEDULE: 5:00 PM to 8:00 PM. DATES: October 21 and 23. PRICE: Eligible for social security subsidies through training credits. SELF-EMPLOYED: Special rates for self-employed individuals. PAYMENT METHOD: By bank transfer before the course begins. LOCATION: IN DIEM Abogados Training Room. Calle Castillo de Utrera No. 2A. Seville, Postal Code 41013. Objectives Understand the potential problems and alternative solutions of an...
Read More

BANKING: Preference Shares

Area: Banking Law CASIMIRO GALÁN GARRIDO obtains a fully favorable judgment from the PROVINCIAL COURT OF SEVILLE, issued on July 29, 2014, against BARCLAYS in a claim for the sale of preference shares. The aforementioned JUDGMENT fully upholds the first instance decision, ordering BARCLAYS BANK SA to return all claimed amounts, in this case, €53,155.53, as well as ordering the banking entity to pay the corresponding legal costs. The JUDGMENT adopts the thesis of the SAP of MADRID of March 24, 2014, and warns: “it is evident that if the client, who acquires preference shares, were informed that the credit institution’s board of directors could discretionally cancel the payment of remuneration when deemed necessary, that such payment would be canceled when the specific requirements established for the financial establishment’s activity are not met, that the Bank of Spain could demand the cancellation of remuneration payment based on the entity’s financial...
Read More

CIVIL: Lease

Area: Civil Law and Leases ÁNGEL JOSÉ DEL PINO IBÁÑEZ, Attorney at IN DIEM Abogados, obtains a fully favorable JUDGMENT from the PROVINCIAL COURT OF SEVILLE, Second Division, which raises and analyzes the application of the 1994 LAU to residential lease agreements entered into from May 9, 1985 and still in force as of January 1, 1995…. a matter that is particularly controversial legally and in case law. Indeed, the legal regime applicable to such lease agreements is particularly debated, both as regards their term and in relation to the possibilities of tacit renewal and/or extension, which had not received unanimous solutions in case law doctrine, all due to the controversy raised by the First Transitional Provision of the 1994 LAU. The PROVINCIAL COURT accepts IN DIEM Abogados’ position and ultimately rules on the term of such agreements, opting to interpret the 1st Transitional Provision of the 1994 LAU as...
Read More

Administrative Sanctioning: Sports

Area: Administrative and Sports. Category: Sanctions IN DIEM Abogados secures a FAVORABLE ADMINISTRATIVE RESOLUTION for our client in DISCIPLINARY PROCEEDINGS initiated for “Sports Violence,” in accordance with the provisions of LAW 19/2007, of July 11, at the request of a Local Police Complaint Report during a football match at the SEVILLA FC Stadium. Specifically, the GOVERNMENT DELEGATION in SEVILLE accepts our argument that an extensive application of the infractions defined in said law is not viable; and consequently, proceeds to withdraw the imputation of a serious offense that could have entailed a penalty of up to €60,000.00, in addition to other accessory sanctions established in the aforementioned regulations. The GOVERNMENT DELEGATION IN SEVILLE therefore proceeds to acknowledge the non-applicability of a serious offense for the reported facts.

Business Meeting with Latin America

IN DIEM Abogados, with a presentation by our colleague ÁNGEL JOSÉ DEL PINO IBÁÑEZ, will be taking part in the Business Meeting with Latin America, “An open space for business opportunities”, to be held from 16 to 19 September at the Lantana Garden facilities in the Sevillian town of Pilas. Our colleague will take part in a presentation, in his capacity as Director of IN DIEM Abogados, scheduled for Friday, 19 September at 11:00. This Business Meeting will be attended by representatives—including, among others—of the GOVERNMENT OF URUGUAY, the INTER-AMERICAN DEVELOPMENT BANK, the URUGUAYAN BUSINESS CONFEDERATION, as well as representatives of ICEX, EXTENDA, OPA and IN DIEM Abogados. The general objective is to facilitate a trade exchange between local business stakeholders and a delegation of economic managers from Uruguay. The following specific objectives have been established: – To analyse the situation in both countries and the real possibilities for economic...
Read More