Blesa lent 6.7 million to a Gürtel company to finance a fixation in Boadilla del Monte

 

Miguel Blesa

The former president of Caja Madrid Miguel Blesa, in a picture of 2012 EFE

Caja Madrid, when headed by Miguel Blesa, granted two loans totaling 6.7 million euros to one of the main defendants in the Gürtel plot, the former vice president of Repsol Ramón Blanco Balín, so that he could take away one of the main contracts that the Francisco Correa network rigged in Boadilla del Monte, municipality of Madrid and one of the epicenters of the plot. The two loans, of 5.9 million and 800,000 euros, were granted in June and August 2008 . Blesa left Caja Madrid in January 2010. He is accused of misappropriation.

The business was round for Blanco Balín and the plot of Correa. The City Council of Boadilla, then governed by Arturo González Panero (another of the accused), took out the “surface right” contest of three plots in the best area of ​​Boadilla, where they were going to build commercial premises and parking spaces. In total, 33 stores and 178 garages on Avenida Siglo XXI, where it passes by light rail. The award was made by Rústicas MBS SL in October 2005, a company of Blanco Lalín, which in 2007 transferred the concession to another firm of Blanco Lalín, Artas Consultoría.

Artas Consultoria would manage the 33 premises and the 178 garages for 99 years . And in exchange only pay the Boadilla City Council an annual fee of 81,344 euros , a fee that had been reduced because it was initially set at 320,000 euros. “Everything a bargain”, then denounced PSOE and Alternativa by Boadilla, since how much could Blanco Balín get if he rented the space at his disposal?

 

A report by the National Police, sent to the National Court on January 30, 2009, and to which 20 Minutes had access, put exactly as an example of the businesses rigged by Correa the award of Rustics : “The way the organization acts is to obtain an urban-type award from a Public Administration, look for a company capable of carrying it out, offer the business in exchange for the collection of a commission and endorse it in the respective contest, which is previously arranged. “

Blanco Lalín, “a very high potential”

The risk operation report, which Caja Madrid issued to analyze the request from Artas Consultora , reflects that “Artas requested us in June of this year [it refers to 2008] a loan of 5.9 million to finance the construction works of 33 premises and 106 places “(although the award was 178 places). That first loan was granted by the financial committee, to 15 years . With the operation now being analyzed, a second loan of 800,000 euros, “what is requested is the VAT financing of the construction works”.

Blanco Lalín was to earn 1.3 million a year with the Boadilla business The Caja Madrid report endorses the second loan, since “the main compensation for the future is the start of operations with the environment of Ramón Blanco , whose potential is very high, and undoubtedly will bring us new business relationships with front-line customers, economically speaking. ” The report also answers the question posed by the opposition of how much Blanco Lalín would get if he rented all the premises and garages: “115,000 euros per month”, which means 1.3 million euros a year (when he only returned to the City Council a canon of 81,000 euros). If those prices had been maintained in the 99 years of concession, the business was 136 million euros.

The police report also reveals Blanco Balín’s role in Correa’s network: “the management and financial intermediation of its corporate structure, design of the money laundering structure “. He is accused of moving more than 50 million euros. Born in Léon, he has a degree in Economics, an auditor and a tax inspector, such as Miguel Blesa and José María Aznar. In fact, Blanco Balín was with the former president of the Government in the writing and editing of the magazine of the Center for Financial Studies between 1983 and 1984. And Aznar and Blesa, were friends.

Boadilla wants to recover the premises

On October 6, 2011, the Municipality of Boadilla, through its Municipal Land and Housing Company, decided to terminate the contract with Artas Consultora. It was the new municipal team after the departure of Panero. “Today only four of the 33 locations are occupied,” Miguel Ángel Ruíz López, councilor for Urban Planning, Infrastructure and Legal Affairs, explains to this newspaper. “The objective is to recover these premises and parking spaces for the municipal patrimony, and we also initiate legal actions to claim the damages and losses produced as well as the unpaid amounts of the corresponding fee.”

The City Council of Boadilla has rescinded the contract The mayor recognizes that the previous City Council rented two of those premises to put a police station and an office of the municipal company of land and housing, but that they will leave shortly and that they do not pay the rent since they came to power at the end of 2011. Although in the framework of the investigation the Court has blocked the assets of Artas and José Ramón Blanco Balín, only about 960,000 euros have yet to be repaid from the loan, according to legal sources.

Blanco Balín has recently accepted the government’s tax amnesty, as the National High Court has informed the judge of the Gürtel case. The entrepreneur came to 504,743 euros .

Ethical finances already constitute 5% of European GDP

The report aims to achieve two objectives: on the one hand, to demonstrate to people who already invest in a sustainable way that this form of investment continues to grow and occupy new spaces; and on the other hand, to explain to those who have never heard of ethical finances that are very different from traditional banking and that, however, allow them to preserve or increase the economic value of their own savings over time, as well as add to the Last line of the bank statement a series of different values, such as respect for the environment , the fight against climate change, the right to housing or a healthy diet.

financiacion

Of the 715,000 million quoted, 39,800 million represent the assets of approximately thirty European ethical and sustainable banks , which at the end of 2016 had granted loans totaling 29,330 million euros to tens of thousands of projects for social inclusion, environmental protection , culture or international cooperation .

493,000 million were invested in socially responsible funds, that is, in stocks and bonds of listed companies or state securities, selected with sustainability criteria: no weapons, games of chance or tobacco and green light to companies and States that invest in renewable energies , that adopt certified environmental management systems and that are not involved in any type of serious controversy.

On the other hand, microcredit has proved for these banks to be valid also for the needs of 750,000 Europeans: loans of a few thousand euros to help start up business activities or to face a temporary need for liquidity.

In Europe, the total of microcredits granted totals 2,540 million euros . A small figure with respect to the credits of the ethical banks and the investments of the socially responsible funds but which represents the sum of hundreds of thousands of small loans that have made a difference, the report points out.

Green bonds (green bonds ), through which companies and governments borrow in the market to finance environmental projects, shot up in the 2013-2014 biennium and continue to grow now: in Europe, according to the latest aggregate data released in 2016, the value of the green bonds in circulation was 211,000 million dollars , 178,000 million euros at the current exchange rate. Secondary but in strong expansion, are the social impact bonds, which are in turn financed welfare projects for a total of 273 million euros.

 

 
 
  • According to the court, the reference rates applicable to mortgages are published every month in the BOE, “so it is public and accessible information.”
  • “It is easily accessible for an average consumer, normally informed, to know that different variable interests are used,” he says.
  • It is estimated that one million families contracted their mortgage with IRPH and not with Euribor which, in the worst of the crisis, was up to 3.4 points cheaper.
  • “These people were told that the IRPH was going to be always more expensive than the Euribor?” Protested lawyer José María Erauskin.
  • DOCUMENT : Read the sentence of the Supreme Court (PDF) .
Compraventa de vivienda

The keys of the house on the contract of sale. GTRES

“It is easily accessible for an average consumer, reasonably well informed and reasonably attentive and insightful, to know that different systems of variable interest are used and to compare the conditions of the different lenders in such an essential element as the price of the loan”.

With this phrase the Supreme Court justifies its ruling of November 22 that gave the reason to the bank in the case of mortgages referenced to the IRPH. A blow for the million affected who expected the high court to recognize the lack of transparency of a variable interest rate that was always more expensive than the Euribor and that cost about 1,200 euros on average to the mortgaged who included it in their contract.

The adherent can know, without special efforts, what is the reference index applied and the price of the loan in a simple way The Supreme Court, on Thursday, explains in detail that ruling that admitted Kutxabank’s appeal to a ruling of the Provincial Court of Álava that it had annulled the IRPH of a consumer when estimating that there was no transparency when applying the index and that, by not providing evidence of having “negotiated” with its client, it was considered “imposed”.

 

The reasons for accepting the appeal are several. The first, that the interest on the mortgage is a general condition of the contract “and there is no evidence that it was negotiated individually”. The second, that the IRPH is a legal interest and “as such can not be subject to transparency control”. And the third, the aforementioned training of the mortgaged.

This last point is more controversial. According to the ruling, the mortgage indexes are published each month in the Official State Gazette, “so it is public information and accessible by anyone ” and the client should have been informed of what he was signing. “The adherent can know, without special efforts , what is the reference index applied and the price of the loans in a simple way,” the court said.

“The consumer is not an expert”

“But how will an average consumer know what the average Reference Index for mortgage loans more than three years ago means for the acquisition of free housing ?” Protested José María Erauskin, of Lawyers Res, the law firm that advised the individual whose case – a loan of 250,000 euros to 35 years and an interest of 4.25% referenced to the IRPH – reached the Supreme Court.

We have gone from considering that the consumer does not know anything, to that he has to be very smart “The consumer is not an expert, he will know about his profession, but not about everything”, comments Erauskin. The lawyer, after knowing the reasoning of the Supreme Court, draws an analogy of health. “It’s like I go to the doctor , he recommends me eight pills, I feel terrible and I get sick, I go back to the clinic to tell him what he has prescribed and he answers me … because the side effects and all the information is on the Internet, is that you have not looked there? “

Erauskin observes a change of criteria in the Supreme. It does not understand that the court ruled in favor of the consumer in the case of multi-currency (“they go against good faith,” said the Supreme Court) and the ground clauses (“they are not transparent”) and now does not follow that criterion. “We went from saying that the consumer does not know anything, to that he has to be very smart,” he laments.

The IRPH was always more expensive than the Euribor

The attractiveness of the IRPH, according to the bank, was that in spite of being more expensive it was also more stable than the Euribor. In practice, what meant for a million families was that they would not benefit from the fall of the Euribor. The Supreme diminishes that. “It can not be said that the IRPH is more expensive when the loan [of the complainant] has not reached a third of its validity, it is unknown what will happen in the remaining 24 years ,” he says.

“But it’s going to be always going to be more expensive by definition! “, Argues Erauskin, who remembers that the IRPH is not an interest, but an index of costs. And so it is. There is no reference to the average interest rates in the market, but to the APR, which include the cost of commissions, formalization expenses or notaries. That is to say, that if the bank raised its commissions (as it happened), the IRPH did it even if official interest did not change.

“Were these people told that the IRPH was going to be always more expensive than the Euribor, or that with the APR they were paying the average of the bank’s commissions? The answer is no,” explains this lawyer.

Source: self made.

According to the high court, following the reasoning of the Audiencia de Álava that gave the reason to the client of Kutxabank, “it would also be necessary to declare null the references of the Euribor in other loans if at any stage of its validity the evolution of the Euribor would have been less favorable for the consumer. “

Two individual votes disagree with the ruling

The sentence of the Supreme Court, in any case, has not been unanimous. Two judges have cast a private vote because they consider that the IRPH “does not exceed the control of transparency” , although the solution proposed, unlike that taken by the Alava audience, is not to completely annul the IRPH and leave the loan without interest none, but replace it with the Euribor.

It is not the first time that thanks to a vote of Orduña we managed to get to Europe “That has neither feet nor head”, analyzes José María Erauskin. “The EU says that an abusive clause can not be modulated and that proposal to replace it with another one will be a modulation.If the clause is null, you have to remove it from the contract.The question is, can there be a loan without interest? is that yes, and a million loans? Well that’s the problem … “

“We are relieved that Judge Francisco Javier Orduña [one of the two discrepant judges, along with Francisco Javier Arroyo ] has forcefully exposed a particular vote that gives us the keys to the path to Europe,” says Patricia Suárez, president of the user association Bank Asufin, who sees in the opinion of these two judges a door to raise the case to the Court of Justice of the EU. “It is not the first time that thanks to a vote of Orduña we managed to reach Europe,” says Suarez. “Those affected should not be discouraged.”

More information about:

  • IRPH