In spite of dismissing the case shortly after it had been submitted, Fuengirola Court of First Instance has now agreed to implement a number of fact-finding requests on behalf of Euan Armstrong, as petitioned by his lawyers, after the initial dismissal was appealed successfully at the Malaga Appeal Court.
According to the decision of the Appeal Court, the dismissal of the criminal case against Danske Bank was found to be contrary to law because it was redacted in a laconic format incompatible with the Constitutional Tribunal doctrine and did not deal with the matters raised.
The Court of First Instance has now agreed to the following requests petitioned by EUAN ARMSTRONG’s Counsel:
- Summons ordering the following individuals to appear in Court to give a judicial statement: Mr. Peter Staarup, Mr. John Lundskov Larsen, Mr. Morten Runo Waaben, Mr. Henrik Hjerrild Hansen.
- Summons ordering the legal representative of DANSKE BANK INTERNATIONAL S.A. to appear in Court to give a judicial statement, on account of its potential responsibility for payment of damages.
- Summons ordering LCV, agent involved in the sale of Equity Release, to appear in Court to give a judicial statement, on account of its potential responsibility for payment of damages.
- Order to DANSKE BANK SPAIN and DANSKE BANK INTERNATIONAL to disclose the following:
- Type of relationship, employment or other, between DANSKE BANK and LCV.
- If LCV was authorized by DANSKE BANK as a financial advisor, or commercial agent, and if so the type or nature of products sold on behalf of DANSKE BANK.
- Remunerations during the period of relationship, whether in the form of commissions or benefits in kind, that may have been given by DANSKE BANK to LCV, through the network of offices in Spain.
- Number of DANSKE BANK CAPITAL ASSURANCE policies or contracts signed in Spain, with reference to the age and profession of the clients of this product.
- Destination given to the funds given to the DANSKE BANK by EUAN ARMSTRONG, in respect of the product called “Inverse Mortgage”.
- Request to the Spanish Insurance Regulator (Direccion General de Seguros y Fondos de Pensiones), with a view to confirm whether a product known as DANSKE BANK CAPITAL ASSURANCE, consisting in an insurance policy sold as a financial product for the elimination or mitigation of Spanish Inheritance Tax, as well as Spanish Wealth Tax, has obtained administrative authorization to be sold to the public or, in any event, whether it is compliant with applicable legislation, specifically advising on its characteristics and if it is currently sold in Spain.
- Witness Summons ordering the following to appear in Court to offer testimony:
- C.D. (Daughter of Mr. Armstrong)
- K.A. (Daughter of Mr. Armstrong)
