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Supreme Court to decide on bank tax November 5

An emergency meeting was convened yesterday by the president of the Supreme Court and the General Council of the Judiciary, Carlos Lesmes, his deputy, Ángel Juanes, the president of the Contentious Administrative Chamber and the magistrates who issued the ruling last Thursday that determined that mortgage taxes should be paid by the issuing entity and not the client to discuss the issue. The ruling was suspended a day later at a higher instance due to its social and economic repercussions.

The immediate effect of the about-face was both judicial and public outcry at what appeared to be interference in the judiciary and brought to light discrepancies between the president of the Contentious Administrative Chamber and the magistrates. The change in the ruling showed that the presiding judge was aware the chamber was considering the process as he had signed the initial proceeding documents but the judges had not informed him of the outcome before it was made public.

Following the meeting, Lesmes issued a statement stating that the sentence is firm and “not susceptible to review” and that two other rulings soon to be handed down most probably in the same direction, will also be valid. A final ruling regarding the details of the sentence will be made on November 5.

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