Banking and Finance Law
Juan Ignacio Navas Marqués
Recognized in Best Lawyers since 2020 Awarded Practice Areas
Biography
CEO and founder at Navas & Cusí Attorneys, specializing in European Union law and banking and financiallaw.
In particular, focuses on
- Banking & Finance law
- Securities and investment
- National and international litigation
- Community law and European institutions
Functions and memberships
- Member of the (UAE) Union des Avocats Européens – European Lawyers’ Union.
- Member of the Madrid Bar Association and of the Bar Association of Barcelona.
- Member of the Bar Association of Barcelona for 34 years (in 1983), member of the Bar Association ofMadrid and also of the Dutch Bar Association of Brussels
- Vice president and honorary advisor of the Asociación Europea de Economía y Competitividad.
- Member of the Joint Board of Appeal of the three European Supervisory Authorities for the financialservices sector (European Banking Authority, European Insurance and Occupational Pensions Authorityand European Securities and Markets Authority)
Lecturers
- Lecturer and teacher in courses on financial derivatives in the Chamber of Commerce of Spain inBelgium, the Chamber of Commerce of Santander, Las Palmas de GC, Ourense, Sta. Cruz de Tenerife,Palma de Mallorca, Castellon and Madrid Bar Association, Zaragoza and Las Palmas de GC; and he is aregular contributor to the doctrinal and legal journals Aranzadi Legal News, The Law, and LawyerpressLealtoday.com.
- Mr. Navas is a lecturer and teacher in courses on financial derivatives in the Chamber of Commerce ofSantander, Las Palmas de G.C., Ourense, Sta. Cruz de Tenerife, Palma de Mallorca, Castellon and theBar Association of Madrid, Zaragoza and Las Palmas de G.C.
Selected publications
- Thomson Reuters Aranzadi has personally and exclusively commissioned him to write and publish, The great work of judicial banking law: a book detailing the whole problem in Spain of so-called bank malpractice, defining each of the toxic and complex products marketed by credit institutions without observing the legal requirements of information and advice of the European Union. This legal project is considered the most extensive work to date of financial banking, mortgage, consumer and European Union law, and he also explain the system of bankruptcy and liquidation of banks under EU laws, including the responsibility and liability of the administrators of the companies.
- He has written for Aranzadi treaties financial content and its regulation in the framework of the European Union
Overview
- Catalan
- English
- Spanish
- Asociación Europea de Economía y Competitividad. - Vicepresidente
- Catalan
- English
- Spanish
- Asociación Europea de Economía y Competitividad. - Vicepresidente
Client Testimonials
Awards & Focus
Recognized in The Best Lawyers in Spain™ 2026 for work in:
- Banking and Finance Law
News & Media
Case History
Cases
- Banking Malpractice
Navas & Cusí have filed several complaints with the European Commission concerning banking malpractice. The first of these complaints was filed in 2013 already, concerning banking malpractice and the liability of the Kingdom of Spain, the Bank of Spain and the National Securities Market Commission. Through it, Navas & Cusi filed a complaint with the European Commission alleging the Kingdom of Spain's failure to comply with two directives, Directive 2004/39/EC (MiFID) and Directive 93/13/EEC on consumer protection.
Directive 2004/39/EC (MiFID) requires EU countries to harmonise the rules governing investment services and activities. To that end, EU countries must set up an authorisation system enabling investment firms to operate throughout the EU. These firms must be registered and the register must be accessible to the public. Each authorisation is notified to the European Securities and Markets Authority (ESMA).
The Unfair Terms in Consumer Contracts Directive 93/13/EEC is a European Union directive (then called European Economic Community directive) governing the use of surprising or onerous terms used by business in deals with consumers.
Until today, we still have legal standing and the proceedings are still ongoing and pending. Nevertheless, all the claims sought by the firm have been successful to date.
Directive 2004/39/EC (MiFID) requires EU countries to harmonise the rules governing investment services and activities. To that end, EU countries must set up an authorisation system enabling investment firms to operate throughout the EU. These firms must be registered and the register must be accessible to the public. Each authorisation is notified to the European Securities and Markets Authority (ESMA).
The Unfair Terms in Consumer Contracts Directive 93/13/EEC is a European Union directive (then called European Economic Community directive) governing the use of surprising or onerous terms used by business in deals with consumers.
Until today, we still have legal standing and the proceedings are still ongoing and pending. Nevertheless, all the claims sought by the firm have been successful to date.
- Spanish public administration
Navas & Cusí recently complained to the European Commission in defense of civil servants in the service of the Spanish public administration. This is a group that has been suffering from a situation of abuse and illegality in the temporary nature of recruitment for decades. Specifically, the illegality lies in the lack of effectiveness of Directive 1999/70/EC of 28 June 1999 concerning the Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP. That legislation, provides that its purpose is to impose limits on the use of successive fixed-term employment contracts or relationships by means of effective measures to protect workers. However, despite the Directive's express prohibition on the abusive use of temporary employment contracts, the Spanish public sector has been encouraging public services to abuse temporary contracts and the interim employment of civil servants without a fixed-term contract for around twenty years. As a result, Spain has one of the highest percentages of temporary contracts in the public sector in the EU, despite the many rulings of the Court of Justice of the European Union which expressly refer to the non-compliance and abusive nature of the Spanish State.
Consequently, in view of this evident and palpable non-compliance by Spain, a complaint has been lodged with the Commission so that the latter, using its sanctioning powers, may initiate a sanctioning procedure obliging the Kingdom of Spain to correctly and adequately apply Directive 1999/70/EC and put an end to the abuse of temporary employment once and for all. All this will be addressed, in turn, to the European Parliament by means of a petition with the aim of bringing this non-compliance to its attention.
Consequently, in view of this evident and palpable non-compliance by Spain, a complaint has been lodged with the Commission so that the latter, using its sanctioning powers, may initiate a sanctioning procedure obliging the Kingdom of Spain to correctly and adequately apply Directive 1999/70/EC and put an end to the abuse of temporary employment once and for all. All this will be addressed, in turn, to the European Parliament by means of a petition with the aim of bringing this non-compliance to its attention.
- Medical Insurance
As for the petitions to the Committee on Petitions of the European Parliament, a petition was filed on behalf of a group of doctors in response to the failure of the Spanish State and the European Commission to fulfil the Directive 2016/97 of the European Parliament and of the Council of 20 January 2016 on the distribution of insurance. This directive was transposed in Spain and insurers imposed their fees on private medical professionals by unilaterally determining a scale of fees, without allowing doctors' proposals in this regard. This means that the performance of their doctors is not evaluated in a way that conflicts with the greater wellbeing of the patient. The same applies to podiatry, physiotherapy, nursing and oncology staff.
As a result of the above, Navas & Cusí raised a number of questions related to this issue and following examination by Parliament, the petition has now been declared admissible as the matter is considered to fall within the European Union's sphere of action. The petition number is 0249/2021.
As a result of the above, Navas & Cusí raised a number of questions related to this issue and following examination by Parliament, the petition has now been declared admissible as the matter is considered to fall within the European Union's sphere of action. The petition number is 0249/2021.
- Physiotherapists
On behalf of a group of physiotherapists, Navas & Cusí filed a complaint with the European Commission because these professionals studied physiotherapy in Portugal, obtained the professional certificate and when they returned to Spain, the Spanish Ministry of Health did not recognize their professional qualifications to work. The Ministry, by means of a resolution, imposed on these injured parties a series of compensatory measures consisting of taking an exam or doing an internship for 24 months. This is totally illogical, since those professionals, in accordance with the principle of freedom to provide services, which is recognized as one of the fundamental freedoms of European Union citizens, are entitled to work in Portugal and in any Member State as physiotherapists.
It follows that the Ministry of Health is in breach of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, and the principle of proportionality by implementing the precautionary measures just mentioned. As well as the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union. For this reason, the firm filed a complaint with the European Commission, as well as a Petition with the Committee on Petitions of the European Parliament. The latter European Institution has examined and declared the petition admissible. Accordingly, it has requested the European Commission to carry out an investigation and has referred the matter to the Internal Market and Consumer Protection Committee of the European Parliament.
It follows that the Ministry of Health is in breach of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, and the principle of proportionality by implementing the precautionary measures just mentioned. As well as the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union. For this reason, the firm filed a complaint with the European Commission, as well as a Petition with the Committee on Petitions of the European Parliament. The latter European Institution has examined and declared the petition admissible. Accordingly, it has requested the European Commission to carry out an investigation and has referred the matter to the Internal Market and Consumer Protection Committee of the European Parliament.
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