Specialists in dispute resolution
Expertise GS
The position of the creditor in the new Spanish bankruptcy system
PDF VERSION The 26th of September 2022 the new Spanish Bankruptcy Law will come into force. One of the main aspects of the new regulation is that it grants a new role to creditors within the bankruptcy procedure, which they did not have until now. This article aims to...
Complex shares sale transaction
PDF VERSION Our clients, owners of a successful business in the services sector, received an offer from a large American corporation interested in acquiring their Spanish company. The buyer initially acquired 70% of the shares, allowing the sellers to continue with...
Franchising in Spain with a local partner
PDF VERSION Out of the approximately 1,381 franchise brands operating in Spain, more than 249 come from other countries, most notably France, the United States, Italy and the United Kingdom. This means that about 20% of the franchise brands in Spain are foreign...
Trade secrets violation and breach of the duty of confidentiality in the framework of the acquisition of a hotel complex: commentary on the Court decision of the appeal court of Barcelona n. 853/2022, May 20.
PDF VERSION The Court decision of the Appeal Court of Barcelona n. 853/2022, May 20 solves the appeal against the first instance court decision that resolved the case of trade secrets violation and breach of a confidentiality agreement, in the framework of the...
The assignment of the trademark derived from the sale of the undertaking: On the presumption established in the article 47 of the Spanish trademark law.
PDF Version A trademark is a distinctive sign that belongs to the intangible assets of the undertaking and aims to distinguish the goods and services of one undertaking from those of other undertakings. A trademark as an asset is used in the course of trade and as an...
Distribution and Franchising. New vertical block exemption regulation and guidelines.
PDF VERSION The European Commission has adopted a new Vertical Block Exemption Regulation (“VBER”) which replaces the previous one approved in 2010. The new VBER updates the principles for a general exemption from competition rules for vertical agreements (including...
The board of directors of non-listed companies in Spain
PDF VERSION 1.- Introduction The managing body of a company can adopt different forms: a sole director; various members acting jointly and severally, or jointly; or a Board of Directors. The managing body of a company, no matter which of the aforementioned...
The creditor’s position in the Spanish Insolvency Law Reform Project
PDF VERSION The Spanish Insolvency Law Reform Project gives a new role to creditors in the insolvency proceeding that up until now they had not had. Even though these are not the only ones, there are two new possibilities that are to be relevant to the...
Business litigation in Spain
PDF VERSION 1.- Introduction: The Spanish Court System The Spanish Court System is divided into five different jurisdictions classified by subject: civil, criminal, administrative, labour and military. Each of the jurisdictions has its own substantive law and...
How to close a subsidiary in Spain: Express insolvency and new proceeding for microenterprises
There are foreign companies with a subsidiary in Spain that are considering the possibility of ending their activity in Spain due to the economic situation over the past years. Closing down an insolvent business in an orderly manner (i.e: bankruptcy proceeding) is a...
Bill to promote the start-up ecosystem in Spain (“The Start-up law”)
The Spanish Government has recently approved the Bill to promote the Start-up ecosystem in Spain, more commonly known as the “Start-up Law”. This Law will come into force by the end of this year. The draft of the Start-up Law establishes the specific legal framework...
The special employment regime for Senior Management in Spain
Foreign companies with a subsidiary in Spain usually ask about the special employment regime of senior managers and how it works in Spain. There are some important aspects that need to be considered before making any decision. 1.- Definition and main features of...