Pérez-Llorca

It includes the year’s most representative laws, guides and judgments on trademarks, patents, technology, data protection, and copyright and related rights. This Year in Review provides an overview of the regulatory and case law developments that have taken place during 2022 and that are relevant to this practice area. Download PDF

Labour and social security aspects of Royal Decree-law 1/2023, on urgent measures regarding recruitment incentives and the improvement of the social protection of artists The title of the Royal Decree-law announces two very different objects and, as will be seen, further topics are covered as well. Firstly, it regulates incentives aimed at promoting recruitment, as […]

On 22 December, Law 28/2022, of 21 December, on the promotion of the startup ecosystem (the “Startups Law”) was published in the Official State Gazette (BOE). This law, which has been through a long period of development and parliamentary processing, aims to improve entrepreneurship and the attractiveness of Spain for entrepreneurs, and to improve taxation […]

On 22 November, the Executive approved Royal Decree-law 19/2022, which establishes a Code of Good Practice to alleviate the rise in interest rates on mortgage loans on primary residences (hereinafter, the RDL). The RDL amends the Code of Good Practice approved by Royal Decree-law 6/2012, of 9 March, on urgent measures for the protection of […]

In this Briefing we analyse the recently approved Temporary Solidarity High Net Worth Tax and certain changes to the Wealth Tax. On 29 September 2022, the Government presented its Fiscal Measures plan with the aim of ensuring “social justice and economic efficiency”. The plan presented by the Minister of Finance and Public Administration sought to […]

This Legal Briefing will deal both with the main features of the Solidarity High Net Worth Tax and the proposed amendment to the Wealth Tax Law On 29 September 2022, the Government presented its Fiscal Measures plan with the aim of ensuring “social justice and economic efficiency”. The plan presented by the Minister of Finance […]

Complaints to the Public Prosecutor’s Office in the Draft Law on Whistleblowing: incompatibility with the Spanish criminal procedure system On September 23, the draft law regulating the protection of people who report violations of regulations and the fight against corruption was published in the Official Gazette of the Cortes Generales. It was created with the purpose […]

As for the concept of an international tribunal, the Supreme Court understands it as a court to which two (or more) nations have formally granted authority to resolve disputes… Read more (This article is in Spanish)

El nuevo procedimiento de determinación de afección ambiental para proyectos de energías renovables. Especial referencia al caso de Castilla y León Durante los últimos meses se ha venido produciendo una intensa actividad legislativa para perfilar y adaptar el marco jurídico aplicable a los procedimientos de implantación de instalaciones para la obtención de energía a partir […]

We set out below the main takeaways from our practical experience with Act 19/2003 over the past two years Almost two and a half years have passed since Spain’s Royal Decree Laws 8/2020, of 17 March, on extraordinary urgent measures to address the economic and social impact of COVID-19, 11/2020, of 31 March, adopting additional urgent social and […]

The CNMC’s finding of concerted practice and market sharing is declared null and void on the grounds that the National High Court considers that the imputation of the anti-competitive infringement was not proven by circumstantial evidence The judgment of the National High Court of 20 June 2022 [ECLI:ES:AN:2022:3109] annuls the decision issued on 10 November […]

With the much-debated reforms to Act 19/2003, of 4 July, on capital movements (“Act 19/2003”), the Spanish foreign direct investment (“FDI”) regime has been expanded over the past few years.  However, FDI screening in relation to defense investments predates Act 19/2003 (and the recent FDI hype more broadly), and was regulated in Royal Decree 664/1999 of 23 […]

Competition damages claim: inappropriateness of precautionary measures requiring the CNMC to refrain from issuing a report requested by a Commercial Court On 10 February 2022, Commercial Court No. 1 of Oviedo (the “Court”) requested that the Spanish National Commission on Markets and Competition (the “CNMC”) publish a report for the resolution of a claim procedure […]

At Pérez-Llorca, we have prepared this analysis to facilitate compliance with these new obligations, which come into force on 2 August. In August 2021, a significant regulatory development in the area of sustainability for investment firms took place: the adoption on 2 August of the Delegated Regulation (EU) 2021/1253 of the Commission of 21 April […]

This Legal Briefing addresses the new features contained in Directive (EU) 2018/1808. On 8 July 2022, the General Audiovisual Communication Law (hereinafter referred to as the “GACL”) was published in the Official State Gazette (BOE). The GACL repeals the former General Law 7/2010, of 31 March, on Audiovisual Communication, and incorporates into the Spanish legal […]

This Legal Briefing analyses the new Digital Markets Regulation (known as the “DMA” using its English acronym). Diego de la Vega The European Parliament has given the green light to the Digital Markets Act1, one of the cornerstones of the European Commission’s future legislative framework (“A Europe fit for the digital age”) to strengthen Europe’s […]

The judgment of 20 June 2022 delivered by the Court of Justice of the European Union (“CJEU”)in Case C-700/20, which arises from the dispute between the London Steam-Ship Owners’ Mutual Insurance Association (“London P&I Club”) and the Kingdom of Spain, has attracted considerable media attention as it is related to the sinking of the Prestige […]

Finance partner Aymen Mahmoud, associate Giulia Venanzoni with Ander Valverde and Mateo García Fuentes at Spanish law firm Pérez-Llorca coauthored an article regarding direct lending opportunities in Spain. Until 2008, banks and saving banks (“cajas de ahorro”) controlled the Spanish debt market. Spain was historically a bank-driven economy with a limited presence of alternative lenders […]

Government approval of the temporary adjustment mechanism for the reduction of wholesale electricity prices This Legal Briefing will analyse the key aspects of the main measures contained in RDL 10/2022. On 14 May 2022, the BOE published Royal Decree-law 10/2022, of 13 May, which temporarily establishes a production cost adjustment mechanism to reduce the price […]

This Legal Briefing analyses the new energy measures included in Royal Decree-law 6/2022. On 30 March 2022, Royal Decree-law 6/2022, of 29 March, adopting urgent measures within the framework of the National Plan to respond to the economic and social consequences of the war in Ukraine, was published in the Official State Gazette. It incorporates […]

Key aspects of Royal Decree 5/2022, of 22 March, on the special employment relationship for artists In this Legal Briefing we analyse the main novelties of Royal Decree 5/2022 on the special employment relationship of artists. This Royal Decree amends Royal Decree 1435/1985, on the special relationship of persons engaged in artistic activities, with the […]

Criteria to assess whether there is any risk of the requested person´s fundamental right to a fair trial in the execution of a European arrest warrant 02/03/2022 In this Legal Briefing we analyse the latest Court of Justice of the European Union’s judgement on the opposition motives in the execution of a European arrest warrant. […]

In this Legal Briefing we analyse the extensions of temporary workforce restructuring plans (“ERTEs”) and the new percentages of exemption from social security contributions. Download PDF Laura Pérez, Sarah Scheerlinck Alonso This Legal Briefing is in Spanish. Continue reading  

In this Legal Briefing we analyse the new CJEU ruling on the obligation to provide information on assets and rights abroad. This Legal Briefing is in Spanish. EL TJUE DECLARA CONTRARIO AL DERECHO DE LA UNIÓN EL RÉGIMEN SANCIONADOR ESTABLECIDO PARA EL INCUMPLIMIENTO DE LA OBLIGACIÓN DE DECLARAR LOS BIENES Y DERECHOS SITUADOS EN EL […]

This Legal Briefing analyses the European Commission’s responses to two consultations on the interpretation of the Insurance Distribution Directive. By Joaquín Ruiz Echauri, Jesús Almarcha Jaime On 29 November 2021, EIOPA published the European Commission’s responses to two consultations on the interpretation of the Insurance Distribution Directive (EU) 2016/97 of the European Parliament and the Council […]

The bonds are secured by hedging assets over which the holders of these securities have a preferential right Mortgage bonds are a fundamental instrument in financing access to housing in Spain and have enjoyed great popularity since their creation as a source of financing for credit institutions, since they are a very safe and low-cost […]

Holding virtual hearings in arbitration: main action protocols issued by national and international institutions. National and international arbitration has been forced, like many other sectors, to adapt to the new social reality, caused by the Covid-19 health crisis. The limitations to travel and the associated health risk have encouraged a significant increase in the holding of […]

We analyze in this Legal Note the fundamental aspects of the main measures adopted by RDL 17/2021. The BOE of September 15, 2021 publishes Royal Decree-Law 17/2021, of September 14, on urgent measures to mitigate the impact of the rise in natural gas prices in the retail gas and electricity markets. The standard approved by […]

On 25 May 2021, the Spanish Data Protection Agency (the “AEPD”) published a new Guide on Personal Data Breach Notification (the “Guide”), which updates the 2018 version in line with the experience gained in the period following the entry into force of Regulation (EU) 2016/679 of 27 April on the protection of natural persons with […]

In this briefing, we analyse three prospective pieces of legislation that, if implemented in the Spanish legal system, would significantly change the claims handling process by insurers: the Draft Bill on Litigation Efficiency Measures, the Directive on actions for the representation of consumers’ collective interests and the creation of the Independent Authority for the Protection […]

The Spanish Parliament has approved Organic Law 9/2021 of 1 July (“LO 9/2021”), which supplements Council Regulation (EU) 2017/1939 of 12 October 2017 establishing enhanced cooperation for the establishment of the European Public Prosecutor’s Office (the “Regulation”) and governs the procedure to be followed in Spain to investigate crimes against the financial interests of the […]

September 2021 In its recent decision on the Komstroy case, the Court of Justice of the European Union has extended the logic established in the Achmea case to arbitrations within the EU derived from the Energy Charter Treaty. Thus, it considers that, under Union law, arbitrations involving disputes arising between a Member State and an investor […]

A Brief Analysis of the Guidelines Issued by the Commercial Courts of Barcelona As opposed to other European jurisdictions or the US, Spanish law does not contemplate the so-called pre-pack sale. This is a tool enabling the negotiation of a sale of all or part of a company’s business or assets with a purchaser prior […]

Following a preview of the text, the International Chamber of Commerce officially launched its new Arbitration Rules on 1 December 2020. These new Rules will enter into force on 1 January 2021 and will apply to proceedings initiated on or after that date (the “ICC Rules 2021” or the “Rules”). The ICC Rules 2021 are […]

(Spain, November 2020) On 14 November, the Law for the digital transformation of the financial system (the “Law”) was published in the Official State Bulletin (“BOE”). The Law allows companies to create sandboxes, or controlled testing environments, to enable financial market operators to implement technology-based financial innovation projects, with the involvement of the relevant supervisory […]