The Court of Instruction Number 52 of Madrid has opened preliminary proceedings against 29 companies linked to the Restalia Group (including 100 Montaditos, La Sureña and The Good Burger) following a complaint filed for alleged crimes of fraud, criminal organization, coercion and crimes informatics.
Legal sources have confirmed to Europa Press that the head of the court has considered it pertinent to open the preliminary proceedings and have stressed that the investigation is still in an “absolutely initial” phase.
According to the same sources, the court is waiting for the corresponding experts to be appointed to prepare an expert report on the information available in the procedure to establish whether or not there are indications of alleged crimes.
In addition to directing the case against 29 merchants linked to Restalia, proceedings have also been initiated against the owner of the Group, José María Fernández Capitán, and another twenty managers at different levels in the companies of the conglomerate.
At the moment, the citation of any of the defendants or of the aforementioned subsidiaries has not been agreed. Nor have the alleged injured parties been summoned to testify before the Court based in Plaza de Castilla.
The sources consulted have explained that the cause has its origin in a complaint filed by the Rafael Franco Lawyers office in which the Group is accused of causing alleged damage of some 19 million euros to several franchisees. According to the complainants, Restalia and those responsible for the companies would have, among other things, hidden the existence of agreements with suppliers that made the project unfeasible.
Restalia has assured that it is “calm”, since it complies “rigorously” with the current regulation, after learning this Wednesday of the investigation opened by a Madrid judge for an alleged fraud against Restalia subsidiaries, including ‘100 Montaditos’ and against the owner of the group, José María Fernández Capitán, according to sources from the company informed Europa Press.
According to the same sources, so far, the restoration group has no record and has not received any complaint or citation on this matter. “Of course, we respect the judicial procedure and we will collaborate with everything necessary and any requirement, as we always have,” they assured.
In this way, they have recalled that in its 22-year history the company has not faced criminal proceedings and that it “rigorously complies” with current regulations.
The restaurant group has shown its “absolute tranquility” for having acted “transparently” and “in accordance with the contracts and” with its franchisees in all its terms and conditions.
The brand, which has the ‘100 Montaditos’ and ‘TGB’ brands, among others, has highlighted that “it has always positioned itself alongside its franchisees”, with measures such as the activation of an “extraordinary and extensive” private package of aid, valued at more than seven million euros, which includes, among other actions, a price containment plan for raw materials in the face of inflationary fluctuations in the market.
