MATERIAL FACT
The board of directors of Banco Santander has been informed of the ruling of the Supreme Court in the appeal filed by Mr. Alfredo Sáenz against the sentence imposed on him by the Provincial Court of Barcelona with respect to his participation in a loan recovery process for Banesto in 1994. The board of directors has likewise been informed of the initiatives which, according to Law, Mr. Alfredo Sáenz proposes to set in motion. With maximum respect for the judicial decisions, the board confirms its confidence in Mr. Alfredo Sáenz so that he may continue to carry out his responsibilities as the Bank's chief executive officer.
Boadilla del Monte (Madrid), March, 10th, 2011