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Results: 1-10 of 77

Spanish Corporate-Real Estate Legal Update nº 31. July 2016: The Supreme Court Rates a Credit as Subordinated Because the Creditor Is a Company Belonging to the Insolvent Company’s Group
  • Squire Patton Boggs
  • Spain
  • July 6 2016

In this judgment the Supreme Court issues a decision on the determination of the concept "group of companies" in the arrangement of creditors of a


Russian legislation update: June - July 2014
  • White & Case LLP
  • Russia
  • August 5 2014

The amendments relate to the forthcoming as of 6 August 2014 abolishment of the Russian Supreme Commercial Court (the “SCC”) and the transfer of


When does default interest begin to accrue?
  • Bersay & Associes
  • France
  • November 26 2012

In a very recent decision issued on 3 October 2012, the French Supreme Court (Cour de cassation) settled the issue of when default interest begins to accrue on a lease renewal rent set by a court


Jurisprudence and resolutions of the D.G.R.N.
  • Squire Patton Boggs
  • Spain
  • October 1 2012

The Supreme Court declares that the right of the lessor to raise the rent of a business premise following the merger of the lessee is appropriate as of the registration in the Mercantile Registry of the merger and not as of the notice from the lessor to the lessee of such increase in rent


French Court of Appeals confirms Heart of la Defense's right to seek and obtain creditor protection in France under safeguard proceedings
  • Gibson Dunn & Crutcher LLP
  • France
  • February 1 2012

On January 19, 2012, the Versailles' Court of Appeals confirmed that CMBS borrower, Heart of la Défense SAS (Hold), and its Luxembourg parent company, Dame Luxembourg Sarl (Dame), were entitled to Court protection in France under Safeguard Proceedings (sauvegarde


A lessor who has notified his tenant to leave by registered letter with acknowledgment of receipt cannot rely on the invalidity of the deed he has himself issued
  • Bersay & Associes
  • France
  • April 15 2011

In a decision dated 15 September 2010, the 3rd Civil Chamber of the Court of Cassation stated that the invalidity of a notice to leave issued by means of a registered letter with request for acknowledgement of receipt is a relative nullity which only the evicted tenant may cite in its favour


Dutch Supreme Court, 22 October 2010: no loss from delay in a decision on an objection
  • NautaDutilh
  • Netherlands
  • March 4 2011

In building permit cases administrative authorities that fail to reach a decision on an objection within the statutory time limit are by no means the exception


Supreme Court, First Section (Civil). Decision 3692010 of 8 June.
  • Squire Patton Boggs
  • Spain
  • October 26 2010

In the decision analysed below, regarding the term of the leases entered into prior to 9 May 1985, pursuant to the Spanish Urban Tenancy Act of 24 November 1998 (LAU - Ley de Arrendamientos Urbanos), and where the tenant is a body corporate that cannot accredit payment of the relevant business tax (IAE), the Supreme Court upheld the ruling of the Valladolid Provincial Court that found for the eviction due to the expiry of the term of the lease of the business premises


Resolutions of the Directorate-General of Registries and Notaries
  • Squire Patton Boggs
  • Spain
  • July 22 2010

In the decision analysed below, regarding the direct action taken by the sub-contractor against the lead contractor for the amount that the latter owed to the contractor, the Supreme Court upheld the appeal decision by dismissing the appeal in cassation brought by two companies which, as the members of the Joint Venture (UTE) acting as the lead contractor, had lost the previous appeal


Resolutions of the Directorate-General of Registries and Notaries
  • Squire Patton Boggs
  • Spain
  • January 29 2010

This resolution settles the appeal lodged against the refusal of the Arcos de la Frontera Property Registrar to register a purchase deed after the estate was divided up when a license was obtained by tacit consent