A BPI error allowed a couple of doctors to earn more than 688,000 euros from the sale of shares in a Spanish company, in which they obtained a rate of return of over 600 percent. The bank went to court to try to get the money back. He lost in the 1st instance and in the appeal he filed at the Lisbon Court of Appeal (TRL), which even says that, “in practice”, the bank “wanted that” investors “pay for their own mistakes”. In addition to the couple being able to keep the amount they won, BPI was ordered to refund the doctor the 150 thousand euros, plus interest, which it withdrew from the current account and to “lift the suspension of movement in the securities account.”
In the action it filed, BPI asked for the conviction of the defendants in the “payment – as contractual compensation” of 1.2 million euros, plus interest (…) “or (…) as unjust enrichment ” to the restitution of more than 688 million euros they won. He claimed that the 66-year-old doctor “voluntarily violated the duties to which he was bound under the contract for opening a bank account”. He emphasized that this happened when he “sold shares on the stock exchange that he could not help but know he did not have in his portfolio”. And that he also violated the duty to “inform the bank of the error about the situation of his account” and to refuse to remedy it, causing the “impoverishment” of the bank.
AND ALSO
BPI points finger at BNP
According to the Lisbon Relation, BPI says that it was “BNP Paribas” that was at the origin of its “operational error”, so the judges advise that you “understand” with “your partner” and not blame the couple of doctors, who, they insist on emphasizing, did nothing “wrong”.
Relator – Edgar Lopes
The judgment of the TRL, which the CM had access, it has the date of the 4th. It is signed by the judges Edgar Lopes (rapporteur), Luís Filipe Pires de Sousa and Alexandra C. Rocha
Defeat
BPI also lost its appeal against a clinic where the doctor works, and will have to pay the 11,995.20 euros it withdrew from the account. At issue was the sale, for 195,000 euros, of shares in the same company, which had cost 35,000 euros.
2023-07-10 00:31:37
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