Clear all

Refine your search

Tags
Author
Jurisdiction

313 results found

Commentary
Ask Lexy

CMS Albiñana & Suárez de Lezo | Spain | 22 Sep 2021

Spanish Supreme Court: vacancy left by employee assigned to another position can be covered by temporary replacement interim contract

The Supreme Court recently settled an issue concerning whether a vacancy left by an employee after being assigned to another position can be covered by a temporary replacement interim contract or if such a contract should be deemed as tortious. In this specific matter, the employment contract held by the employee who was replaced by the claimant had not been suspended – their position was......
Commentary
Ask Lexy

CMS Albiñana & Suárez de Lezo | Spain | 20 Sep 2021

Remuneration of managing directors: indirect conflict of interests at shareholders' meetings and retroactivity

The Supreme Court has clarified that a company's annual general meeting is not restricted to approving the remuneration of directors prior to the beginning of a given financial year and can make such approvals throughout the corresponding year. Moreover, the Court stated that such approvals do not imply the granting of a right and, therefore, the controlling shareholder who is also the......
Commentary
Ask Lexy

CMS Albiñana & Suárez de Lezo | Spain | 15 Sep 2021

Supreme Court rules on content of employment contract basic copies

The Federation of Industry, Construction and Agriculture of the General Union of Workers recently filed a claim concerning a company that it believed to be in breach of article 8.4 of the Workers' Statute. The Supreme Court dismissed the claim, deciding that the basic copies of employment contracts that the company had submitted to their employees' legal representative aligned with the......
Commentary
Ask Lexy

Grau & Angulo | Spain | 13 Sep 2021

Barcelona patent court dismisses PI request in relation to sorafenib generics

Barcelona Commercial Court 1 recently dismissed a preliminary injunction request filed by Bayer against four companies in relation to the commercialisation of generic medicinal products of sorafenib tosylate. Before assessing the specifics of the case at stake, the decision highlighted some key procedural issues regarding the possibility of arguing invalidity of the asserted patent in PI......
Commentary
Ask Lexy

Grau & Angulo | Spain | 6 Sep 2021

Valencia Court of Appeal sentences defendant for manufacturing and offering counterfeit handbags

In a recent case concerning counterfeit handbags, the Second Section of the Valencia Court of Appeal held that it was clear from the evidence that there was a commercial purpose to the defendant's actions. The Court sentenced the defendant to three years' imprisonment, a fine and to pay compensation for moral damages.
Commentary
Ask Lexy

Grau & Angulo | Spain | 2 Aug 2021

Updated Spanish case law in relation to protective letters

Protective letters have become a common tool used by potential defendants in patent matters. In recent years the Barcelona patent courts have allowed patentees to appear in proceedings initiated by a potential defendant via the submission of a protective letter and, therefore, to gain access to a protective letter before filing a preliminary injunction motion. This raises interesting......
Commentary
Ask Lexy

CMS Albiñana & Suárez de Lezo | Spain | 28 Jul 2021

Re-examining bylaw wording relating to remuneration received by directors

In a recent decision, the General Directorate of Legal Security and Public Faith ruled on bylaw wording relating to the remuneration of directors and the inclusion of payment for performing extraneous duties to those contemplated in the role of director. The decision settles an appeal made by the notary public against the refusal of a registrar from the Madrid Commercial Register XXIII to......
Commentary
Ask Lexy

Grau & Angulo | Spain | 26 Jul 2021

Supreme Court once again confirms unlawfulness of using third-party trademarks for smell-alike perfumery

In Spain, the infringing and unlawful nature of the use of the trademarks of original perfumes in the context of smell-alike perfumery is a clear and conflict-free issue for the courts, which have been ruling in this sense for years. A recent Supreme Court decision confirms, once again, this jurisprudential doctrine.
Commentary
Ask Lexy

Grau & Angulo | Spain | 12 Jul 2021

Ezetimibe and simvastatin combination SPC revoked by Barcelona Patent Court

The Barcelona Commercial Court Number 5 recently declared the Spanish supplementary protection certificate (SPC) covering the combination of ezetimibe and simvastatin to be invalid. The case was deliberated by the three Barcelona patent judges, who upheld the defendants' arguments and declared SPC'011 for ezetimibe and simvastatin invalid, dismissing MSD's infringement action.
Commentary
Ask Lexy

CMS Albiñana & Suárez de Lezo | Spain | 14 Jun 2021

General shareholders' meeting has sole authority to appoint auditor of voluntary consolidated accounts

In a recent decision, the General Directorate of Legal Affairs reiterated that the power to appoint an auditor of voluntary consolidated accounts lies with a company's general shareholders' meeting. This decision settles a company's appeal of a Jaen registrar's refusal to register its decision to appoint the auditor of its voluntary consolidated accounts because such decision had been issued......
Previous page 1 2 3 ...