The National Court recognizes the appeal against the government’s consultation about the BBVA and Sabadell OPA operation
the The National Court confessed to treatment A resource submitted by the law firm Legal balance Against the general consultation made by the Ministry of Economy between 6 and 16 May on BBVA OPA and Banco Sabadell, according to the statement sent by the company itself. The third section of The controversial room From the National Court, it confessed to addressing the controversial appeal before Minister of Economy, Trade and Business The administration is required for a period of 20 days to remove the administrative file.
Likewise, the judiciary agreed to form a separate piece in The relationship with the application of precautionary measure -Consistency in the suspension of the use of general advice results- Grant a period of ten days for the required administration To provide allegations. For the office, the adoption of the precautionary measure is “greater importance” after the ministry was announced last Tuesday, Those who decided to raise the decision of the Council of Ministers On OPA BBVA to Sabadell.
The supplier was presented last Monday, May 26, after May 8 The buffet requires economics He is derived from the opening of a public advice “without legal coverage and with various official defects of gravity.” The company gave a ten -day period of the condition that it is not attended, therefore The requirements were submitted to a precautionary evaluation petition. In this last aspect, the office explains that he was asked to suspend the use of data obtained through consultation and that the aim of this request is to “avoid losing the legal purpose of appeal” and “ensuring the effectiveness of the future sentence.”
On the arguments to submit an appeal, the law office considers that consultation “Vergings” at the beginning of equality It is not discrimination, because formulating the same thing is different depending on whether the interested party considers that there are criteria of general importance other than defending the competition that can be seen The process was affected by BBVA and Banco Sabadell. In addition, it is believed that the process of completing the form is “absent” to ratify the identity of any user, which would violate the law of the joint administrative procedure.
This would receive “greater importance” Given the possibility of a “large solution” (as a computer attack) it can “The opinion lines that the government expressed You will take into account. “With regard to this case, the law firm asserts that it is” of special importance “in a context in which there are” interests in destabilizing Western democracies by Some foreign actors in the geopolitical context“.
Legal balance It also confirms that the procedure follows does not correspond to the areas that are related to the questions that are asked in the consultation, which violates the law regarding the defense of competition and that the advice “It has no official place” in the legal system“Due to the lack of a qualified principle for its performance in the procedure stipulated in the intervention of the Council of Ministers.”
In short, the buffet defends that this procedure can have a “effect” From the public interest in using the collected data “Without any accuracy and legal support.” In addition, he insists that the principle of equality and non -discrimination for Article 14 of the constitution has been violated, In a way that is believed to be necessary for the challenge Consulting the judicial road and commenting in a precautionary way to use the results.
