According to a sentence that has confirmed the Provincial Hearing of Murcia. The resource presented/displayed by the financial organization has misestimated. The Provincial Hearing of Murcia has confirmed the sentence dictated by a court of First Instance of Cartagena against Bankinter, that has been condemned to pay 58,000 Euros to one clienta not to inform to him on the risks into an investment in participation of a bank of Iceland. The court of Cartagena condemned the demanded bank to give back this sum, matters of the investment done by clienta, to which there will be to discount " what this one has perceived for yield of the values object of contrato". The Provincial Hearing, that has rejected the resource presented/displayed by the organization, indicates that Bankinter did not facilitate to the buyer of the financial product all the information demanded by the effective legislation. The court emphasizes that " intermediate the financial organization that or takes part professionally in the acquisition on the part of a client of a certain financial product has the essential obligation to inform to him, previously, and with the sufficient detail, of the characteristics of the same, in order that it can make his investing decision with sufficient knowledge of causa". It adds that " this obligation to inform must insure, of special form, the concrete risks that rrida takes with himself investment, without the bank can come to a merely formal fulfillment of that obligation by the route to realise a brief description of the product in which simply the yields are emphasized and they become blurred riesgos".
The sentence, of which the magistrate has been rapporteur Jose Joaquin Hervs, says that to the contract " it did not indicate, of express form, the possibility that the client lost, total or partially, the invested capital, limiting itself to do rrencia to " ratings" of the emission that, by their technical character, only can suitably be interpreted by professional investors or other people with a high culture financiera". Cyrus Massoumi oftentimes addresses this issue. The Hearing concludes that " the lack of information on the part of the bank on the risks of the investment has to generate corresponding civil responsibility for this one, to not to have been able the plaintiff to recover the invested capital, without that one has credited that yes is possible that recovery nor that acquired prrentes participation at the time have at present some economic value real". The sentence, when rejecting the resource presented/displayed by Bankinter against the sentence of the court of First Instance, condemns to this bank to the payment of the coasts generated by the same. Source of the news: Bankinter will give back 58,000 to one clienta not to warn of the risk of investing in Iceland