In what situation are the shareholders who had already started their claims against Bankia after the ruling of the National Court on his departure? In these cases, the opinion will be used by the entity to try to get away with it, while those whose lawsuits have already been resolved they can breathe easy.
"This Judgment will undoubtedly be used by Bankia, or the new entity already resulting from the merger, in all those cases that are pending resolution in the civil jurisdiction, since although it was not necessary for the facts to be proven as fraud, the discussion of its IPO focused precisely in the lack of adequacy of the real image of the bank with the published brochure ".
This is what the spokesperson for the legal services platform reclamador.es predicts, Almudena Velázquez, who sends a reassuring message to those shareholders whose cases have already been resolved by final judgment. These "they cannot be reviewed since our Law is governed by the value of res judicata, "which would not govern only" in very exceptional cases by means of a review appeal that does not contemplate this type of assumption, "he explains.
However, it should be noted that the judgment issued by the National Court by which the defendants are acquitted for the listing of Bankia it is not firm, with which it can be appealed. Moreover, when the Civil Chamber of the Supreme Court already relied on the evidence displayed in this procedure to demonstrate that the entity's accounts were not a faithful reflection of its economic situation, as indicated by the president of the association of financial users Asufin , Patricia Suárez.
Remember that the Supreme Court forced Bankia to return the investment in shares by decreeing the nullity of the subscription orders of the entity on the occasion of the IPO that took place in 2011. With this, the high court also opened the way for the claims on the purchase of shares presented thereafter to be they will come up with a positive result.
In fact, there are already those who have assured that they are going to claim. "We are going to appeal the Bankia ruling. matter of this importance and social impact should be reviewed by the Supreme Court. We will do so on behalf of a large number of shareholders on whose behalf we have led the private prosecution of the case, "Javier Cremades, from the Cremades & Calvo Sotelo office, wrote on Twitter, in charge of defending the Spanish Association of Minority Shareholders of Listed Companies AEMEC).
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