Legal articles GS
Ilegal assignment of workers.
Continuous advice on an outsourcing services company in the area of illegal assignment of workers.
Business transmission
A Lleida company was engaged in two distinct commercial activities and wanted to transfer one of them to a third party (an activity consisting in manufacture and marketing of algae extracts for agricultural purposes). The task consisted in calculate the taxation for...
Investments of non-residence in Spain.
A Qatari investor wants to open two lines of business: one of property management and the other one of investment in real estate for rent. The investments will be located in the United Kingdom (London), Spain (Barcelona) and Germany. Our role consisted of finding the...
Inspections and claims
We have broad experience in Treasury inspections, appeals and claims. More common cases are related to asset lreorganizations of family groups. Most recent: a) The defense of valid economic reasons for operations prior to a family reorganization aimed at laying the...
Corporate crime and false documents.
A company proxy accused of corporate crime and falsification of documents for events occurred in 2008. The instruction phase lasted 6 years because of the complexity of the facts, and after the trial, an acquittal was issued, since we were able to prove that our...
Real state fraud.
We defense a group of harmed people and obtained the conviction of a fraudster who was engaged in double sales regarding a false real estate promotion, since it would never be completed, and in which the damage caused was around 150,000 euros.
Fraud and insolvency offence, dismissal
We obtain a dismissal in the instruction phase, which is, without having to enter into trial, regarding to 2 clients investigated for fraud and insolvency offence, in which the damage was valued at approximately € 450,000.
Main regulated sectors
The main regulated sectors in which the lawyers of this office advise are banking, insurance sector, energy, health and food sector regulations.
Extensive experience in bankruptcy law
The firm has extensive experience in insolvency matters, having represented both insolvent companies and their administrators, as well as numerous creditors in recovering their claims. In representation of creditors, we have filed involuntary bankruptcy processes, in...
Contestations
Contestation against urban development license derived from the POU of Puigcerdà. Contestation of a public tender for the granting of a restaurant license. Contestation of the fair price fixed in a forced expropriation of a community of neighbors.
Numerous bankruptcy processes in various sectors
The firm, through its subsidiary GS INSOLVENCY MANAGEMENT, SLP, has held the position of Insolvency Administrator of numerous bankrupt companies in various sectors such as real estate, restoration, road transport, construction, insurance, risk prevention, etc.,...
Lawsuits and negotiations related to acts of imitation
The law firm has brought lawsuits and negotiations related to acts of imitation, gaining unfair advantage from the reputation of others, inducing breach of contract, sales at a loss and comparative and misleading advertising. Likewise, the firm has experience in...
Defending the main Spanish publishing house
We have defended in numerous legal processes the main Spanish publishing house in copyright infringement, resolution of publishing contracts and violation of privacy rights, among others. Patents and trademarks have also been defended, both by protecting exclusive...
Negotiation and litigation related to the compensation for costumers
The firm has extensive experience in negotiation and litigation in the area of compensation for costumers, both in defense of companies with their commercial agents and, sometimes, in the defense of commercial agents. The firm has also advised numerous foreign...
Lawsuits related to franchise sectors
We also have extensive experience in lawsuits related to the franchise sector: infringement of the franchisee's contractual obligations (product flight, infringement of the payment of royalties, breach of the franchise system, etc.), as well as non-competition...
Master franchise agreement for the operation of stores.
We have advised a Bulgarian company which holds a master franchise agreement for the exploitation of clothing stores in Bulgaria. This advice has consisted in obtaining the recognition and execution of an interim order against the franchisor of the Mango brand in...
Lawsuit against the architects of an apartment building.
We have filed a lawsuit against the architects of a residential building by defects in the construction. The lawsuit is against two architects, a Project Management company and its insurers. The amount of the lawsuit is more than 200,000 Euros.
Interprovider business group of Mercadona, S.A.
Our law firm has successfully advised on the sale of a business group in the bottled mineral water sector to an interprovider of Mercadona, S.A., Bebidas Naturales, S.A., a company belonging to the group Importaco, S.A. Our client was going to have a turnover of more...
Advice on the separation of an important consultant
As an example, we can mention a recent advice on the separation of an important Project Management Consultant, 50% owned by two family members who were also joint administrators in two independent companies, thus avoiding the judicial dissolution of the company and...
We advise Business Angels and Venture Capital companies
We advise Business Angels and venture capital companies in the recovery of credits and in the liability claims of start up managers, in those cases in which there is negligence in the performance of the managers, due to asset flight, business succession, abandonment...
Catalan leading company in the energy sector
The firm has defended a leading Catalan company in the energy sector in a legal claim against the Insurance Compensation Consortium, for an amount of more than 3 Million Euros. The subject of the lawsuit was the valuation of an accident caused by an extraordinary risk...
Favorable judgment against the insurance company Allianz
The firm has obtained a favorable judgment against the insurance company Allianz in a negligent case in the rescue activities of the rafting company Roc Roi in an accident that caused a death by drowning. The judgment is one of the very few judgments in cases of...
Agreement resulting from a lawsuit
The firm obtained an agreement resulting from a lawsuit against a tax adviser for negligence in its advice. This agreement consisted in obtaining an indemnity close to 300,000 Euros for our client.
Malpractice medical issues
We have participated in several medical malpractice cases defending patients, obtaining compensation as a result of the corresponding criminal or civil actions, depending on the specific case and the evidences. As an example, we have defended cases of malpractice in...
Defending a banking institution
The firm has recently obtained a favorable judgment on Swaps, as the Provincial Court understands that, in the specific case, the financial institution had accredited the fulfillment of the duty of information to the client. This ruling is important since it is...
Lawsuit against SAREB in Granada.
The firm has recently filed a lawsuit against SAREB in Granada requesting the nullity of certain clauses of a loan agreement to the promoter for breaching the general terms and conditions regulations. This judicial action is brought in defense of the interests of a...
Corporate conflicts in important family businesses
We have participated in the defense of numerous corporate conflicts in important family businesses. These conflicts are characterized by their high emotional content, demanding, in addition to a studied legal strategy, an important didactic work to the client, to try...
Attack to public officials and injuries.
When there was a week left for the trial, we assumed the defense of an accused for the crime of attacking public officials and injuries, which is sentenced to 5 years and 3 months in prison. Accrediting that our representative had slightly diminished his volitional...
Refinancing agreement with a mortgage of maximum or hanging mortgage.
The firm successfully advises a pool of 5 banks in the signing of a refinancing agreement of 4.5 Million of a Catalan paper industry company, consisting of guaranteeing the lines of financing with a mortgage of maximum or hanging mortgage on the properties of the...
Deviation of client portfolio by a family business administrator. Precautionary measure of substitution of the administrator by a judicial administrator.
A minority partner of a family business group, consisting of a service and equity firms, suspected that his brother, who is a majority partner and de facto sole administrator, was diverting all turnover, clients and workers to another of his ownership. In this way,...
Claim of amounts delivered to future housing against the promoter, the administrator and the bank.
One client payed on account a large amount of money for two houses under construction. The promoter disappeared without having started the constructions, claiming that the local government had a delay with the concession of the license that had previously agreed on....
Administrator who makes a profit through the suppliers in breach of the duty of loyalty.
The members of an hotel chain suspected that one of the partners, who also was the administrator of several companies, was making a profit by signing contracts with suppliers with a premium, receiving important commissions to the detriment of the society. After a...
¿Qué ocurre con las cantidades entregadas a cuenta de la vivienda futura cuando el promotor es insolvente?
El artículo Primero de la Ley 57/1968, de 27 de julio, sobre percibo de cantidades anticipadas en la construcción y venta de viviendas, establecía la obligación para los promotores de vivienda sobre plano, de depositar las cantidades recibidas a cuenta de la vivienda...
El enforcement de los pactos parasociales en la sociedad limitada
A la hora de ejecutar un pacto de socios ante un tribunal nos encontramos con que no todos son oponibles frente a la sociedad y a terceros. El art. 29 del Texto Refundido de la Ley de Sociedades de Capital (TRLSC) establece que los pactos que se mantengan reservados entre socios no serán oponibles a la sociedad.
Jornada Compliance y Responsabilidad de Administradores (D&O)
El Bufete Giménez-Salinas colabora en la “Jornada Compliance y Responsabilidad de Administradores (D&O)”, organizada por SEAIDA Catalunya en colaboración con la Fundación Mapfre.
Reclamación de daños derivados de infracciones en competencia
¿Cuáles son las dos novedades que pueden cambiar el panorama de reclamaciones por daños y perjuicios derivadas de infracciones del interés general de la competencia (LDC)?
Entrevista de Juan Carlos Giménez-Salinas Framis en el número de diciembre de Capital & Corporate Magazine.
Juan Carlos Giménez-Salinas Framis, socio director del bufete, ha concedido una entrevista a la revista Capital & Corporate en la que, entre otros aspectos, destaca la importancia de gestionar el conflicto como clave del éxito empresarial.
Comentarios a la sentencia dictada en el cártel de los sobres de papel por el Juzgado Mercantil 3 de Barcelona
El mercado de los sobres de papel ha tenido, durante el período considerado en la sentencia que se comenta, mayor importancia de la que a primera vista pudiera parecer; para hacernos una idea, pensemos por ejemplo, en la cantidad de sobres que se precisan en cada...
Competencia desleal: Manifestaciones denigratorias realizadas por competidores
El director de una empresa dedicada al asesoramiento, organización y preparación de eventos festivos de toda índole se puso en contacto con nosotros tras haber contratado los servicios de una empresa de investigación privada y constatar que un competidor estaba...