The Civil Chamber of the Supreme Court has confirmed the ruling of the Provincial Court of Madrid that in 2019 forced Iván Espinosa de los Monteros, spokesperson for Vox in Congress, to pay 63,183 euros plus interest that he owed to the company that led carried out the reforms of his family home in Madrid. The high court, in an order of which the magistrate Francisco Javier Arroyo has been a speaker, has rejected the appeal of the extreme right-wing politician for his “manifest lack of foundation” and imposes the payment of the costs of the process.
The resolution, signed on November 24, is final and there is no longer any appeal. The magistrate recalls that Espinosa de los Monteros was “sole partner” of the commercial company Promociones Pedro Heredia 6 SL (PPH6) and that this company had a debt of more than 60,000 euros with the contractor company of the works, Rehabilitation, Urbanización y Edificación SL (RUE). The debt was recognized by a civil court in March 2015, but the Vox leader, an architect by profession, requested that his company be declared bankrupt, which he achieved in May 2016.
According to the ruling of the Provincial Court of Madrid of 2019, advanced by eldiario.es, Now confirmed by the Supreme Court, before the extinction of the debtor company, the reform company presented the claim directly in front of the Vox deputy in application of the theory of lifting the veil, due to confusion and instrumentalization of the company in fraud of third parties, and for unjust enrichment. In September 2018, the Court of First Instance 36 of Madrid agreed with the creditor company and ruled that Espinosa de los Monteros should pay the debt and the accrued interest.
The Espinosa de los Monteros company opposed this claim, although it recognized that the deputy was the sole administrator and sole partner of the company, that it was established in 2007 and that it was active until 2014. It also acknowledged that the company PPH6 signed the contract for the execution of works with RUE in 2012, and that the invoices were paid through the company PPH6 for 90%, a company with which it was joined by a service lease contract.
This initial ruling was confirmed by the Madrid Provincial Court, which in 2019 concluded that the PPH6 company was created by Espinosa de los Monteros as the sole partner “to take advantage of the activity of his wife [la arquitecta Rocío Monasterio, presidenta de Vox en la Comunidad de Madrid] (…) offering construction services to clients ”. And that, “in 2012, when it no longer had any activity, as reflected in the company’s accounts and the expert report (…), it is used by the managing partner himself to contract the construction of his own home, being the only activity that appears in that year ”.
The company PPH6, according to that sentence two years ago, did not have capital or property and only had the income that the deputy himself made as a client. “And it is when at the end of the work the company PPH6 has a disagreement with RUE and it is resolved through a judicial procedure in which RUE is recognized as a credit in its favor,” he says.
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According to the Madrid court, Espinosa de los Monteros, by filing bankruptcy, prevented the reform company from “collecting its credit.” And remember that this corporate situation already existed prior to the contracting of the work in 2012, “so the justification alleged by Mr. Espinosa to present the tender constitutes an action contrary to good faith that must preside over the fulfillment of the contracts , in accordance with article 7 of the Civil Code ”.