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In-depth PRO

Pérez-Llorca | Spain | 6 Jan 2021

The Banking Litigation Law Review: Spain

In-depth PRO

Pérez-Llorca | Spain | 30 Nov 2020

The Anti-Bribery and Anti-Corruption Review: Spain

Commentary

Pérez-Llorca | Spain | 10 Dec 2019

Enforcement of foreign rulings against Supreme Court state ruling

The Supreme Court recently ruled in a case concerning two elements of international law: state immunity from enforcement and declarations of enforceability. This ruling is significant because it states that the only precedent on the topic of enforcement immunity is a 2005 decision and because it applies the United Nations Convention on Jurisdictional Immunities of States and Their Property,......
Commentary

Pérez-Llorca | Spain | 6 Aug 2019

Supreme Court rules on scope of mortgage liability

The Supreme Court recently confirmed that mortgage liability for interest claimed from third parties is limited to five years in accordance with the Mortgage Act. According to the court, this maximum mortgage coverage applies to all legal effects – regardless of whether these are favourable or adverse – and to agreements between mortgagees and mortgagors and between mortgagors and third-party......
Commentary

Pérez-Llorca | Spain | 14 May 2019

New law protects tenants during eviction procedures

The Law on Urgent Measures Relating to Housing and Rental Matters recently entered into force, providing greater protection to tenants. The law has primarily amended the Civil Procedure Act, specifying that matters relating to leases where the claim can be quantified will be excluded from the scope of ordinary proceedings, and that summary proceedings can be initiated for certain amounts in......
Commentary

Pérez-Llorca | Spain | 7 Aug 2018

Barcelona Court of Appeal confirms revocation of AFTERSUN mark

The Barcelona Court of Appeal recently confirmed the Barcelona Commercial Court 8 decision which upheld L'Oréal's revocation action against Laboratorios Genesse's AFTERSUN mark. L'Oréal had filed the revocation action against the mark due to its popularisation in the Spanish market. Laboratorios Genesse had filed a counterclaim alleging that L'Oréal's use of the expressions 'after sun' and......
Commentary

Pérez-Llorca | Spain | 26 Jun 2018

Supreme Court rules on penalty clauses in lease agreements

The Supreme Court recently analysed the differences between compensatory and punitive penalty clauses in lease agreements and established the requirements for the latter to be valid. The court also ruled that a punitive penalty clause's amount cannot be reduced simply because the lessor enters into a new lease agreement immediately after recovering possession of the commercial premises.
Commentary

Pérez-Llorca | Spain | 24 Apr 2018

Right of separation of minority shareholders and insolvency proceedings

Although Article 348bis was included in the Companies Act in 2011, its application was suspended until January 2017. Due to the constant delays in the provision's implementation, there is little case law on the matter and a lack of harmonised criteria for interpreting the provision and applying the right recognised therein. A recent A Coruna Court of Appeals decision on this matter is......
Commentary

Pérez-Llorca | Spain | 6 Mar 2018

Supreme Court reconsiders calculation of collective dismissal thresholds

A trade union recently sought to declare the existence of a de facto collective dismissal on the grounds that the company had exceeded the maximum number of individual objective dismissals (as well as other comparable terminations) in a 180-day period. However, the Supreme Court rejected the claim and ratified several points regarding collective challenges of terminations that, de facto,......
Commentary

Pérez-Llorca | Spain | 27 Jun 2017

Supreme Court rules on whether dissolved companies can be sued

The Supreme Court recently considered whether the cancellation of a company with the Companies Registry removes its legal capacity or only limits it for the purposes of covering the debts that appear after such cancellation, in which case the company could be sued. Another issue that this ruling clarifies is who should represent such a company in court.
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