# ETJ 163/2020 — Order of 17 September 2026

**Court:** Plaza No. 3 of the Tribunal de Instancia (Civil Section), San Cristóbal de La Laguna  
**Proceeding:** Enforcement of judicial titles 163/2020  
**Originating proceeding:** Cambiario 1048/2019  
**NIG:** 3802342120190009565  
**Enforcing party:** Cuatrecasas Gonçalves Pereira, S.L.P.  
**Enforced party:** MATKATOR, S.L.  
**Judge:** Carmen Rosa Marrero Fumero  
**Signed:** 17 September 2026  
**Received by Matkator's representation:** 18 September 2026

> **Reading rule:** this translation records the content of the order. Refusal to suspend is not a finding that no offence occurred, an acquittal, a decision in DP 748/2026, or identification of any adjudicatee or assignee.

## Source-safe English translation

### ORDER

In San Cristóbal de La Laguna, on 17 September 2026.

### FACTS

**FIRST.-** In the present proceeding, the Court Agent Ms Adriana Hernández Díaz, acting for MATKATOR, S.L., lodged a reconsideration application against the order of 19 June 2026.

**SECOND.-** The application having been admitted, it was served on the other appearing parties for a common period of five days, with the result recorded in the file, after which the matter was left pending decision.

### LEGAL REASONING

**SOLE GROUND.-** The enforced party challenges the order of 19 June 2026, which refused the request to suspend the present enforcement, arguing that criminal proceedings do exist and that the complaint bears directly on the lawfulness of the enforcement order, auction and eventual adjudication.

It was only when lodging the reconsideration application that the party clarified which criminal proceeding had been opened as a result of the complaint (DP 748/2026 before Plaza No. 4 of the Investigation Section of the Tribunal de Instancia of La Laguna) and produced a judicial decision evidencing its existence, so on this point the application cannot succeed.

As regards the remaining submissions, the applicant overlooks that Article 569 LEC requires, as an indispensable condition for suspension of enforcement, that the apparently criminal facts under investigation, if true, “would determine the falsity or nullity of the title or the invalidity or unlawfulness of the order for enforcement”, which is plainly not present here because the enforcement derives from a cambiario proceeding.

The application must therefore be dismissed.

### OPERATIVE PART

The reconsideration application lodged by MATKATOR, S.L. against the order of 19 June 2026 is **DISMISSED**.

No appeal lies from this order.

---

## Scope control

The order:

- decides the reconsideration application against refusal to suspend;
- does not decide DP 748/2026;
- does not declare the formation of the title, enforcement, future adjudication or any future assignment criminally lawful;
- does not identify an adjudicatee, assignee, nominee or ultimate beneficiary;
- does not prove that adjudication, assignment, registration or possession has been completed;
- contains no differentiated ruling on the 26 June subsidiary request to suspend only irreversible acts of adjudication, registration, possession or disposition.

**Primary source:** electronic judicial copy received on 18 September 2026. Administrative contact and validation data unnecessary to understand the decision are omitted.