Sandra Ortega wins first lawsuit against bank over Room Mate bankruptcy

Sandra Ortega Celebrates Legal Victory Against Banks Over Room Mate's Bankruptcy

The Court's Decision: A Blow to EBN Banco de Negocios

The ruling specifically addresses a lawsuit filed by EBN Banco de Negocios, which sought over €1.5 million from Rosp Corunna, Ortega's patrimonial society. The bank claimed that Rosp Corunna had provided comfort letters in June 2020 as a guarantee for the Room Mate hotel chain, founded by Kike Sarasola. These letters became contentious when Room Mate declared bankruptcy due to the COVID-19 pandemic-related lockdowns and closures. According to the court's decision on February 19, there is sufficient evidence to prove that Ortega did not authorize Leyte to issue the guarantee, a point Ortega has consistently maintained. The ruling marks the first successful defense against the lawsuits presented by multiple financial institutions against Rosp Corunna.

The Role of Comfort Letters in the Dispute

Legal Battles and Allegations of Forgery

Ortega's initial lawsuit against Leyte for forgery was dismissed in May 2022 by a court in A Coruña, a decision upheld by the Provincial Court the following year. This dismissal prompted the banks to pursue civil actions against Ortega and her firm, seeking to enforce the commitments outlined in the guarantees. Despite the criminal case's dismissal, the recent ruling in the EBN Banco de Negocios case concludes that Ortega did not authorize the guarantees related to Room Mate. «In this case, it has been proven that the sole administrator of Rosp did not sign or in any way consent to the signing of the letter of patronage that is the subject of litigation,» the sentence states (Morcillo, 2025).

Key Factors in the Court's Decision

Judge José María Ortiz Aguirre, after analyzing handwriting samples provided by both parties, determined that Ortega's signature on the guarantee presented to EBN Banco de Negocios contained «opposing movements not typical of the same signature». The judge also emphasized that Ortega did not acknowledge her signature before a notary, failing to meet the legal requirement of consent from the contracting parties. «Doctrine and jurisprudence are unanimous in the sense that if there is no consent, there is no contract and that such a contract could never be valid,» the sentence indicates (Morcillo, 2025).

The Aftermath and Ongoing Legal Disputes

Implications and Future Prospects

This initial victory is currently bolstering Sandra Ortega's defense against the remaining claims. It underscores the importance of consent and proper authorization in financial agreements. The ruling is now setting a precedent for the ongoing legal challenges which are presented by the banks, potentially impacting the overall outcome of the Room Mate bankruptcy case. Furthermore, the case is highlighting the complexities involved in corporate guarantees and the legal responsibilities of company administrators.