Shareholders and creditors of Banco Popular: past, present and future

Obligaciones y contratos

Abstract

The resolution of Banco Popular brought with it an enormous number of claims against its acquirer, Banco Santander. The objective of this commentary will be to analyze the past, present and future, so that we will try to give an opinion on issues that have already been resolved and aspects that still raise certain unknowns. The analysis considered the immersion and study of numerous reports, jurisprudence of the TS and the CJEU. To do this, the European and national regulatory framework must also be taken into account, as well as the doubts that each of these regulations has raised. Finally, reference will be made to three preliminary ruling raised by the Supreme Court and which still do not have conclusions from the EU Attorney General.