GA_P represents Banco Santander in the appeal in cassation before the Spanish Supreme Court

Gómez-Acebo & Pombo has advised Banco Santander in the appeal in cassation before the Supreme Court, whose decision was published on 4 March (Judgment no. 339/2024 dated 28 February 2024, issued by the Administrative Chamber of the Supreme Court (Appeal. 199/2023)) in which it was agreed that the appeal filed by Valencia City Council against judgement no. 338/2022, dated 17 November, handed down by Court C-A no. 3 of Valencia in PAB 347/2022, was dismissed.

The relevance of this ruling lies in the declaration by the SC on the possibility of obtaining a refund of the amount paid for the municipal capital gains tax when no increase in the value of the land was obtained, even if the settlement is final. In this way, there is a revision of previous jurisprudence, collected in several rulings in May 2020.
This court decision establishes criteria in an issue that has been resolved in a disparate manner in the different contentious-administrative Courts and Tribunals, and modifies the Supreme Court’s own jurisprudence.

GA_P’s tax litigation team has participated in this case.