Spain updates


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
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.

New regulations aim to improve gender equality
  • Spain
  • 22 May 2019

The Royal Decree-Law on Urgent Measures to Guarantee Equal Treatment and Opportunities for Women and Men in Employment and Occupation recently came into force, amending the Workers Statute and the Equality Law. The decree-law, which applies to companies established in Spain, aims to improve gender equality between women and men, reinforce equal pay and enable parents to share childcare responsibilities.

Does time spent travelling to clients constitute working time?
  • Spain
  • 27 March 2019

A trade union recently filed a claim with the Castile and Leon High Court on behalf of 6,000 in-home carers, asking the court to declare that the time which the carers spent travelling between their home and their first and last clients of the day must be deemed working time in accordance with the applicable collective bargaining agreement. This is a controversial matter on which the Spanish labour courts have reached various conclusions.

Ignore the collective dismissal regulations… at your peril!
  • Spain
  • 20 February 2019

The Supreme Court recently concluded that the implementation of individual redundancies which collectively exceed the applicable statutory thresholds should be carried out in accordance with the legal procedure for collective dismissals, even if agreements have been reached with employee representatives. This case was particularly complex due to the fact that the employment terminations had not been de facto implemented through a redundancy.

New digital rights: employees' right to privacy in use of video, audio and geolocation surveillance
  • Spain
  • 06 February 2019

The new Data Protection Act has introduced a number of so-called 'digital rights' for employees. Prior to the act's entry into force, the Supreme Court and the Constitutional Court had already issued regulations on how employers could monitor employees using video, audio or geolocation surveillance, which were in line with European Court of Human Rights rulings. Although the new act has made no special amendments to the courts' regulations, it has provided a concrete legal framework in this regard.

Intellectual Property

Contributed by Grau & Angulo
Important changes to Copyright Act
  • Spain
  • 24 June 2019

In March 2019 the Copyright Act was amended to bring Spanish copyright law into line with that of the European Union. In addition, the reform has reinforced the rights of authors and publishers, introduced new regulations on the functioning of collecting societies in order to increase the transparency and control of their operations in favour of authors and strengthened the regulations on combating piracy.

Supreme Court ends pharmaceutical companies' battle over TRIPS Agreement
  • Spain
  • 13 May 2019

The Supreme Court recently rejected the extraordinary appeals filed by Pfizer against a Barcelona Court of Appeal judgment, confirming the dismissal of a patent infringement action against sildenafil generics competitors in Spain. This decision represents the end of a long battle regarding the interpretation of Articles 27 and 70 of the Agreement on Trade-Related Aspects of Intellectual Property Rights and their alleged impact on the prohibition on patent chemical and pharmaceutical products as such.

Criminal sentence for importers of shoes which infringed adidas trademarks and designs
  • Spain
  • 29 April 2019

The Valencia Court of Appeal, acting as a trial court, recently sentenced two defendants to one-and-a-half years in prison for importing thousands of pairs of counterfeit shoes for commercial purposes. The court also ordered the defendants to pay a fine, procedural costs and damages and destruction costs. This is one of the first judgments to be issued by an appeal court acting as a trial court in an IP criminal case.

Barcelona Court of Appeal confirms validity and infringement of Nescafé Dolce Gusto patents
  • Spain
  • 25 March 2019

The Barcelona Court of Appeal recently confirmed the Barcelona Commercial Court Number 5 decision which had declared two Nestlé patents to be valid and infringed by Fast Eurocafé SA. Considering the importance of the Nescafé Dolce Gusto system for Nestlé and the increased interest among competitors in commercialising compatible capsules, this judgment is of paramount importance.

Barcelona patent court finds oxycodone and naloxone patent invalid due to added matter
  • Spain
  • 11 February 2019

Barcelona Commercial Court Number 4 recently dismissed a patent infringement action brought by Mundipharma against two generics of its oxycodone and naloxone medicinal product for the treatment of pain (Targin) and upheld the defendants' counterclaim that the asserted patent was invalid. Among other things, the court held that the patent's claims amounted to an inadmissible generalisation because they omitted essential elements of the invention as disclosed in the application as filed.


Contributed by Pérez-Llorca
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.

Right of separation of minority shareholders and insolvency proceedings
  • Spain
  • 24 April 2018

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 therefore significant, particularly because it analyses two questions which are likely to arise from the article's application.

Supreme Court reconsiders calculation of collective dismissal thresholds
  • Spain
  • 06 March 2018

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, could exceed the thresholds.