• Declaration Fainé unloads in Brufau the responsibility of investigating Del Rivero and both disregard Villarejo

  • Fresh money The president of Repsol before the 'Villarejo case': "Fainé and I are calm, we are not going to resign"

The judge of the National Court Manuel García Castellón has agreed this Thursday to file the case opened for the hiring of commissioner José Manuel Villarejo with respect to Repsol and Caixabank and their respective presidents, Antonio Brufau and Isidro Fainé.

In relation to Fainé and Brufau, the magistrate orders the dismissal as their participation in the hiring of the Cenyt company, owned by Villarejo, was not recorded and that he was commissioned to investigate the constructor Luis del Rivero for his operation to gain control of the company. oil company. "Indeed, the case does not include, beyond the statements provided, a document or recording that proves, at least indirectly, the participation of both presidents in the hiring of Cenyt," says the judge.


"Although it is true that there was a conversation between Mr. Fainé and Mr. Brufau, not denied by either party, about the hiring that the Security Directors of both companies executed, there is no other participation of Mr. I had to inform Miguel Ángel Fernández Rancaño [La Caixa's head of Security] that Repsol had already contacted a company and that he should speak with his Repsol counterpart, "the judge explained.




According to the documentary provided by both companies, the instructor considers that the hiring did not fall under the control of the president, but that of his security directors, also accused in the case. "Without indications that point to the presidents of the companies intervening directly in the investigated events, it is not possible to transfer to said presidents an obligation of corporate supervision and oversight that is delegated to the competent bodies for this," says the order.



The magistrate highlights that the law does not establish the objective responsibility of the presidents of the companies by reason of the position, so it is not possible to maintain the imputation of the most responsible of both companies for the mere fact of the position they hold "in the absence of solid evidence of their direct or indirect participation in the events investigated ".

Regarding the exoneration of Repsol and Caixabank as legal entities, García-Castellón considers that when the events occurred, both companies had implemented "an effective prevention and compliance system, without the accusations having provided elements of charge that allow the conclusion of the existence of a structural defect in the prevention, surveillance and supervision models in force in the companies ".


"The prevention mechanisms in place existed and were adequate, regardless of the final occurrence of the events under investigation," adds the order for the file, which considers that the exemption from criminal responsibility provided for in the criminal code concurs for the companies.

"Both companies had adequate measures in place to avoid the commission of the crimes investigated within their activity," concludes the judge.


Despite the files, the case for the Villarejo contracts continues against other defendants, mainly Villarejo himself and the heads of Repsol and Caixabank Security.

The judge specifies in the order that, despite the file, both Repsol and Caixabank could be sentenced as civilly liable to financially liable for the crimes that were ultimately attributed to company employees, in particular their heads of Security.

Trial of the former director of Security of Mutua Madrileña

The judge has ruled this Thursday on another of the branches of the Villarejo case, the one that reaches its business with Mutua Madrileña.

In this case it has not been to archive, but to bring the matter to trial.

The examining magistrate has completed the investigation of piece 15 of Operation Tandem and has proposed to try the former director of Mutua Madrileña Security Benjamín García Cañón, José Manuel Villarejo and his partner Rafael Redondo for hiring the commissioner's Cenyt company for bribery retired to prepare a solvency report on a former president of the entity.

This is the project called Autumm, for which the Villarejo company received 16,000 euros.

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Know more

  • Jose Manuel Villarejo

  • CaixaBank

  • National audience

  • Castellon

  • Justice

Courts The National Court also imputes Iberdrola Renovables for the Villarejo case

The 'Tándem' judge indicts the chief auditor of BBVA, Joaquín Gortari, for spying on a lawyer

CourtsThe National Court charges Repsol and CaixaBank for bribery and revealing of secrets in the 'Villarejo case'

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