In a preliminary hearing in Tarragona the Civil lawyers Carlos Baño presented a legal claim in the Provincial Court of Tarragona against Auto dated 05/09/2014 and appeal proceeding Nr. 386/2014 against the resolution Nr. 4576/2013 taken by the Court of First Instruction in Tarragona. The claim was directed against a group of artificers of fraud in the internet. In a first instance, the Court declared itself as not correspondent for this case, refused to accept the legal claim of our client and advised him to direct himself to the Italian Courts.
The client with Italian nationality got in contact with our lawyers in order to present a legal claim against the group of artificers of fraud which had gained his confidence via internet. The group began to send him false documents and let him believe that he had won in the lottery. As a consequence, they achieved that client authorised a number of payments to several Spanish bank accounts.
The civil penalty lawyers appealed against the decision of the Court with the argument that the Spanish Courts were indeed competent for this case of fraud. Another argument was that two of the bank accounts had been opened in Spain and that the money had been used in Spanish territory.
In its resolution the Court arguments that the place of jurisdiction is the place where the money is used. However, a problem is when money transfers have been made from the foreign country to Spain.
As a consequence, the Court recognised that the place of jurisdiction is Spain since the bank accounts have officially been opened in Tarragona, Spain. In order to open these bank account, the group of artificers of fraud had taken a number of administrative steps.
As a result, the Provincial Court of Tarragona withdrew the decision of the Court of First Instruction and initiated a trial. This is what the civil penalty lawyers have pleaded for since the beginning.