Spain updates

Aviation

Contributed by Augusta Abogados
Supreme Court orders Iberia to cease using abusive terms and conditions
  • Spain
  • 19 December 2018

The Supreme Court (Civil Chamber) recently issued its judgment following cassation proceedings against a 2015 Madrid Provincial Audience judgment. The proceedings stemmed from a 2011 collective action against Iberia, which the Spanish Consumers and Users Organisation had filed with the Madrid Commercial Court in order to obtain the annulment of several clauses of Iberia's standard terms and conditions.


Employment & Benefits

Contributed by CMS Albiñana & Suárez de Lezo
Gig economy: Madrid High Court of Justice unifies criteria and declares Glovo riders are employees
  • Spain
  • 18 December 2019

The Madrid High Court of Justice recently ruled that riders for Glovo (a competitor of Deliveroo with a similar business model) are employees and are thus not self-employed. As other courts have ruled in similar cases that riders who operate in the gig economy do not have an employment relationship with their company, this judgment will likely be appealed before the Supreme Court in an attempt to unify the case law on the nature of such relationships.

Right to request working schedule adjustments
  • Spain
  • 30 October 2019

There has been a wave of criticism that the mandatory recording of employees' working hours has hindered the flexibility measures which companies were beginning to introduce. As such, it is somewhat surprising that a recent amendment to the Workers' Statute appears to have flown under the radar, especially given that it aims to boost flexibility in order to uphold employees' rights to a work-life balance.

Difference in severance for employees under service agreements and permanent employees is not discriminatory
  • Spain
  • 14 August 2019

In a preliminary ruling in a case referred to it by the Galicia High Court, the European Court of Justice has confirmed the existence of objective grounds which justify a difference in compensation paid on the termination of works contracts linked to a specific service (ie, 12 days' salary) and the termination of permanent contracts (ie, 20 days' salary). The Galician court must now decide whether the early termination of a service agreement falls under Article 52 of the Workers' Statute.

Is video surveillance valid evidence to justify dismissal on disciplinary grounds?
  • Spain
  • 31 July 2019

The Pamplona Labour Court recently ruled in a case concerning an employee who had been dismissed on disciplinary grounds for his involvement in a fight with a colleague, which had been captured on the CCTV installed in the workplace car park. Notably, the CCTV evidence was admissible under the Data Protection Act. However, as the act does not align with European Court of Human Rights case law and the EU General Data Protection Regulation, the court refused to accept the footage as evidence.

Daily recording of working hours: FAQs
  • Spain
  • 29 May 2019

Following the entry into force of Royal Decree 8/2019, companies are now required to record employees' working hours on a daily basis. This article addresses a number of key questions regarding this new obligation, including with regard to its scope, overtime, the recording system or method to be used and the applicable penalties.


Intellectual Property

Contributed by Grau & Angulo
Appeal court upholds criminal sentence for possession of infringing handbags
  • Spain
  • 10 February 2020

The Barcelona Court of Appeal has confirmed a criminal sentence of six months' imprisonment, a fine and compensation of legal costs for the possession of 240 round bags which infringed the famous Robin Ruth Group design. The judgment follows from a trial court's decision to issue a condemnatory sentence based on Article 273.3 of the Criminal Code.

Barcelona court confirms legitimacy of Tommy Hilfiger's use of TH sign
  • Spain
  • 03 February 2020

Barcelona Commercial Court No 6 recently dismissed an action for trademark infringement brought against Hilfiger Stores Spain, SL and upheld its counterclaim, declaring partial revocation for non-use of the plaintiff's Spanish trademark registered for clothing, footwear and hats (Class 25) and leaving it registered exclusively for occasion hats and women's formal party hats.

Barcelona Court of Appeal confirms refusal of preliminary injunctions against fulvestrant generics
  • Spain
  • 20 January 2020

The Barcelona Court of Appeal recently issued two decisions confirming the refusal of the preliminary injunctions that AstraZeneca had requested to prevent the commercialisation of fulvestrant generics by Teva and ratiopharm for alleged infringement of AstraZeneca's patents. The court confirmed the refusal by concluding that there was not enough urgency, whereas serious doubt remained over the validity of the patents at stake.

Specific protocol of guard service and fast action adopted for MWC 2020
  • Spain
  • 23 December 2019

A new edition of the Mobile World Congress (MWC), the world's largest and most important event in the mobile communications industry, will be held in Barcelona from 24 to 27 February 2020. Foreseeing possible conflicts that may exist between the participating companies, a specific protocol of guard service and fast action will be adopted to protect (among other things) technology patents, industrial designs and trademarks in relation to products and materials which are on display at the MWC.

Exhaustion of trademark rights: Barcelona Court of Appeal rules in Schweppes case
  • Spain
  • 02 December 2019

The Barcelona Court of Appeal, following European Court of Justice case law regarding the exhaustion of the trademark rights, recently declared that Red Paralela SL and Red Paralela BCN SL had infringed Schweppes International Limited's Spanish trademarks by importing and commercialising in Spain Schweppes-branded tonics which had been manufactured in the United Kingdom by Coca-Cola/Atlantic Industries, the owner of the UK SCHWEPPES trademarks.


Litigation

Enforcement of foreign rulings against Supreme Court state ruling
  • Spain
  • 10 December 2019

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, which is not yet in force. The ruling is also significant with regard to its interpretation of an 'enforceability declaration'.

Supreme Court rules on scope of mortgage liability
  • Spain
  • 06 August 2019

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 acquirers.

New law protects tenants during eviction procedures
  • Spain
  • 14 May 2019

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 accordance with the corresponding procedural rules.

Barcelona Court of Appeal confirms revocation of AFTERSUN mark
  • Spain
  • 07 August 2018

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 'after-sun' infringed its trademark rights.

Supreme Court rules on penalty clauses in lease agreements
  • Spain
  • 26 June 2018

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.