Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II + STS 562/2024)
Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II + STS 562/2024) is filed with Juzgado de Primera Instancia - LexNET. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your demanda (claim) for you. Estimated total cost: €899. Official tasa (government fee): Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them.
Claim to annul permuta financiera (swap) contracts (interest rate swaps, inflation, currency, collar, knock-in/knock-out, structured products) for defective consent or for breach of the MiFID II duty to inform and to run the suitability/appropriateness test. We claim mutual restitution (CC 1303) or, in the alternative, compensation under CC 1101. Deadline: 4 years from the completion of the contract (STS Pleno 89/2018).
- What we charge you
- €899
- Managora's fee
- €898.99 (21% VAT incl.)
- Tasa (official government fee)
- Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them. (suplido: paid to the authority on your behalf, no VAT)
- Processing time
- 4 years from the completion of the contract (CC 1301)
- Where it is filed
- Juzgado de Primera Instancia - LexNET ↗
- What you receive
- Demanda (court claim)
Cost breakdown: Our fee €899 (21% VAT incl., legal representation and procurador included). Individuals are exempt from the court tasa; companies add the tasa according to the amount claimed. Expert witnesses and the other side's costs, if any, are extra..
Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II + STS 562/2024): how is it filed?
- 1Answer the questions (around 15 minutes).
- 2Payment of €899 (legal representation and procurador included).
- 3We file the claim via LexNET (the Spanish courts' electronic filing system) using our procurador, with a financial expert report, and send you proof of filing.
Which documents do you need?
- •ISDA Master Agreement or CMOF (the Spanish equivalent framework agreement).
- •Confirmations for each transaction.
- •Pre-contractual information documentation.
- •Signed MiFID tests.
- •Settlement statement.
Legal basis and things to bear in mind
- Legal framework: CC 1265-1303 + LMV + MiFID II + STS 840/2013, 535/2015, 562/2024 and Pleno 89/2018.
- Time limit: 4 years from completion of the contract.
- Related procedures: reclamacion_banco, demanda_clausulas_abusivas_credito_revolving, demanda_reclamacion_irph.
Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II + STS 562/2024): frequently asked questions
Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II + STS 562/2024): how much does it cost?
We charge you €899: our fee plus, where applicable, the fixed official tasa we advance. Our fee €899 (21% VAT incl., legal representation and procurador included). Individuals are exempt from the court tasa; companies add the tasa according to the amount claimed. Expert witnesses and the other side's costs, if any, are extra.. Managora's fee is €898.99, 21% VAT included (€742.97 net + €156.02 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them..
Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II + STS 562/2024): how long does it take?
4 years from the completion of the contract (CC 1301)
Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II + STS 562/2024): which documents do I need?
You need to have to hand: ISDA Master Agreement or CMOF (the Spanish equivalent framework agreement)., Confirmations for each transaction., Pre-contractual information documentation., Signed MiFID tests., Settlement statement.. You do not upload them here: we collect the details through the guided chat.
Who files the procedure?
Managora files it in your name with Juzgado de Primera Instancia - LexNET. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.
Can it be done online?
Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.
Related procedures
Based on the legislation in force and on the official site of the competent authority: Juzgado de Primera Instancia - LexNET ↗.
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