The holder of the Court of Instruction number 46 of Madrid has agreed the Provisional dismissal of the complaint interposed by the ex-president of El Corte Inglés Dimas Gimeno against the former head of the company's Security Services, Juan Carlos Fernández-Cernuda, his mother and a partner.
In the car, which Efe has had access to, the judge, based among other documents on an audit ordered by El Corte Inglés, considers that the commission of the crime has not been justified and that the facts denounced, if proven, they are not constitutive of crime, to which he adds that the case should be taken to the civil jurisdiction.
As sources close to Gimeno have informed Efe, the executive will appeal to the Provincial Court for the dismissal of the complaint, which he filed in July, after ceasing as president of El Corte Inglés and after having asked to audit the Security Services and criticize that the audit was entrusted to EY, the same one that audits the group's accounts.
Gimeno accuses the defendants of alleged corporate crimes, unfair administration and corruption among individuals for billing El Corte Inglés large amounts for security services through interposed companies participated by friends and family at prices above market.
In his opinion, such action, carried out in the knowledge of members of the board of directors of the group, would be detrimental to El Corte Inglés and a correlative economic benefit for the companies related to the defendants.
Among these companies are Abisa and Eleven, behind those who are brothers of Cernuda-Hernández; Mega 2, of which her mother is the only administrator, Clara Hidalgo; and Pan-European Integral Services, sold to Securitas and linked to its partner Joaquín de Domingo Martorell.
In the order, the judge agreed to the provisional dismissal of the complaint and the record of the proceedings because it was understood that there are no indications that would allow the proceeding to continue, since the proceedings carried out did not mean that the persons investigated were the authors of the proceedings. reported crimes.
According to the same source, among other documents, Gimeno provided an anonymous letter and internal mails of which he intends extract a supposed "bite" related to the Windsor fire by the companies Mega 2 and Seguriberica, which replaced Prosegur, in charge of building security.
However, the report of the insurance department of the group states that the substitution occurred after Prosegur and the insurer Zurich did not accept the contribution agreement, to which the internal audit report adds that the operation involved avoiding an uncertain procedure result and without any indication of extra cost, adds the car.
"There is no evidence of economic harm to El Corte Inglés nor a favorable treatment for companies that have some kind of relationship with any of the defendants," the judge said.
Regarding the crime of unfair administration, the magistrate indicates that the defendants were not administrators at the time of the facts and that the existence of a benefit has not been demonstrated or established.
On the other hand, it considers that the acceptance of an unjustified benefit or advantage as a consideration to improperly favor another is not proven and it would have been for the accusing party to prove the concurrence of the requirements of the criminal type.
Dimas and his family have other judicial fronts related to El Corte Inglés, such as the lawsuit filed for to challenge the adoption of sisters Marta and Cristina Álvarez by Isidoro Álvarez, and others related to the inheritance of the former president of the department store group.