Latest updates

Catalonia High Court of Justice confirms grant of DYNAMIC SANTIVERI trademark
Grau & Angulo
  • Intellectual Property
  • Spain
  • 10 May 2021

The Catalonia High Court of Justice recently dismissed a contentious-administrative appeal which had been filed on the grounds of incompatibility between the trademark DYNAMIC SANTIVERI and the earlier trademark DYNAMIN. The court found that sufficient denominative and applicative differences existed between the two trademarks to avoid any likelihood of confusion in the mind of a general consumer and thus confirmed the grant of the DYNAMIC SANTIVERI trademark.

Composition of active mass: description of goods and rights
Augusta Abogados
  • Insolvency & Restructuring
  • Spain
  • 07 May 2021

Under Article 198 et seq of the Consolidated Text of the Bankruptcy Law, the bankruptcy administration must prepare an inventory of the insolvent party's assets and rights, including their value, by the end of the day immediately preceding the day on which it presents its report. This article discusses the inclusion of certain goods and rights in the inventory.

Composition of active mass: inventory of goods and rights – special cases
Augusta Abogados
  • Insolvency & Restructuring
  • Spain
  • 30 April 2021

Under the Consolidated Text of the Bankruptcy Law, the bankruptcy administration must prepare an inventory of the insolvent party's assets and rights, including their value, by the end of the day immediately preceding the day on which it presents its report. This article examines special cases regarding the composition of the inventory of goods and rights.

New UAS regulation set to be approved
Augusta Abogados
  • Aviation
  • Spain
  • 28 April 2021

Since EU Regulation (2019/947/EU) took effect at the end of 2020, air operations with unmanned aircraft systems (UAS) have been governed by EU legislation. The EU legal framework leaves member states with a certain level of flexibility to regulate matters outside the scope of the regulation, including the definition of UAS geographical zones. In Spain, the approval and entry into force of a project of royal decree is expected in 2021 to define the applicable requirements of such zones.

Second-instance court nullifies acquittal due to incorrect interpretation of IP crime
Grau & Angulo
  • Intellectual Property
  • Spain
  • 26 April 2021

The Madrid Court of Appeal recently nullified a first-instance trial court judgment which had acquitted the defendants of a criminal offence. The appeal court found that the trial court had been wrong to declare the facts of the case as a misdemeanour against intellectual property (and not a criminal offence) and determine that the statute of limitations for misdemeanours had lapsed.

Composition of active mass: inventory of goods and rights
Augusta Abogados
  • Insolvency & Restructuring
  • Spain
  • 23 April 2021

The Consolidated Text of the Bankruptcy Law introduces the concept of the 'active mass' of a bankruptcy, which constitutes all of the assets and rights integrated into the bankrupt's assets on the date of the declaration of bankruptcy, as well as those that are reintegrated to the bankrupt or acquired before the conclusion of the bankruptcy proceedings. This article examines the inventory of goods and rights included in the active mass, which must be prepared by the bankruptcy administration.

Barcelona Court of Appeal confirms legitimacy of Tommy Hilfiger's use of TH sign
Grau & Angulo
  • Intellectual Property
  • Spain
  • 19 April 2021

In a recent judgment, the Barcelona Court of Appeal confirmed the judgment of Barcelona Commercial Court 6 which dismissed a trademark infringement action brought against Hilfiger Stores Spain (HSS), SL. The appeal court partially upheld HSS's counterclaim against the plaintiff's trademark – which was registered for goods in Class 25 (ie, clothing, footwear and hats) – for cancellation on grounds of non-use. The trademark was revoked for clothing and footwear but remains registered for hats.

Composition of active mass under TRLC – case law
Augusta Abogados
  • Insolvency & Restructuring
  • Spain
  • 16 April 2021

Article 192 of the Consolidated Text of the Bankruptcy Law (TRLC) introduces the concept of the 'active mass' of a bankruptcy, which constitutes all of the assets and rights integrated into the bankrupt's assets on the date of the declaration of bankruptcy, as well as those that are reintegrated to the bankrupt or acquired before the conclusion of the bankruptcy proceedings. This article examines notable case law on the composition of the active mass under the TRLC

Composition of active mass under TRLC
Augusta Abogados
  • Insolvency & Restructuring
  • Spain
  • 09 April 2021

The Consolidated Text of the Bankruptcy Law introduces the concept of the 'active mass' of a bankruptcy, which constitutes all of the assets and rights integrated into the bankrupt's assets on the date of the declaration of bankruptcy, as well as those that are reintegrated to the bankrupt or acquired until the conclusion of the bankruptcy proceedings. This article sets out which assets and rights are included in and excluded from the active mass.

Employees' right to disconnect
CMS Albiñana & Suárez de Lezo
  • Employment & Immigration
  • Spain
  • 03 March 2021

Since 2018 companies have had an obligation to guarantee employees' right to disconnect – that is, disengage from work-related electronic communications – in order to ensure that employees take daily and weekly rest periods and their annual leave. The Madrid High Court of Justice recently clarified that employees' right to disconnect does not prevent employers from requesting employees to provide services outside their usual working hours.

Free-will principle in compulsory transfer of shares in limited liability companies
CMS Albiñana & Suárez de Lezo
  • Corporate & Commercial
  • Spain
  • 01 March 2021

In several decisions, the Department of Legal Affairs has outlined the limits of the free-will principle for shareholders when setting the procedure and requirements for the preferential rights for purchasing shares in attachment cases. In a recent case concerning a bylaw relating to the applicable regime for transfers arising from the seizure of a company's shares, the department's decision allows for reflection on the true scope of the free-will principle for shareholders with respect to the compulsory transfer of shares.

Possible conflicts of interest in evaluation reports compiled by directors and evaluation methods used in takeovers
CMS Albiñana & Suárez de Lezo
  • Corporate Finance/M&A
  • Spain
  • 17 February 2021

The Supreme Court recently reached a decision concerning an appeal case against the National Court's annulment of a National Securities Market Commission agreement authorising a buy-out takeover. In particular, the Supreme Court took a stand on the potential conflicts of interest between the proposed evaluation report and the price offered in the takeover framework when the evaluation report is carried out by an independent expert.

Appeal court confirms criminal conviction for commercialisation of infringing products
Grau & Angulo
  • Intellectual Property
  • Spain
  • 01 February 2021

In its judgment of 14 October 2020, the Madrid Court of Appeal confirmed the condemnatory judgment of Madrid Trial Court Number 25 for a crime against industrial property under the Criminal Code. The proceedings arose after 8,189 products which illicitly reproduced the marks of various musical groups, including Iron Maiden, were seized from an establishment that was open to the public and whose administrators and managers offered, distributed and commercialised the products at the retail level.

The new normal? COVID-19 legislation: travel restrictions
Augusta Abogados
  • Aviation
  • Spain
  • 27 January 2021

Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. A complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers. This article looks at the various travel restrictions which have been introduced in Spain to help combat the spread of COVID-19.

Superior Court of Justice confirms criminal conviction for wholesale and retail sale of fake garments
Grau & Angulo
  • Intellectual Property
  • Spain
  • 25 January 2021

In an October 2020 judgment the Civil and Criminal Section of the Superior Court of Justice of Madrid largely dismissed the brief of appeal filed by the defendant against the convictional judgment, by which the Provincial Court of Madrid had sentenced him to a two-year prison sentence, a fine and payment of the damage compensation and legal costs of private prosecution for the commercialisation of products that infringed Adidas's Community trademarks and designs.

The new normal? COVID-19 legislation: safety measures
Augusta Abogados
  • Aviation
  • Spain
  • 20 January 2021

Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. A complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers. This article looks at the various safety measures which have been introduced in Spain with regard to air travel.

Second preliminary injunction request based on amended form of patent dismissed
Grau & Angulo
  • Intellectual Property
  • Spain
  • 18 January 2021

In November 2020 Barcelona Commercial Court 1 dismissed the second preliminary injunction request filed by Sanofi against Mylan in relation to an insulin glargine biosimilar product, concluding that the new alleged circumstances did not justify it. In particular, the decision states that the amended form of the patent does not form the basis for the main proceedings on the merits, where Sanofi's petition is yet to be prosecuted and decided.

New insolvency and restructuring measures due to COVID-19 pandemic
Augusta Abogados
  • Insolvency & Restructuring
  • Spain
  • 15 January 2021

Due to the continuation of the COVID-19 pandemic, the government has approved Royal Decree-Law 34/2020 on urgent measures to support business solvency and the energy sector in tax matters (RDL 34/2020). RDL 34/2020 affects the solvency support available to companies and introduces new, urgent measures in the finance and insolvency sectors. This article summarises these measures.

The new normal? COVID-19 legislation: subsidies, consumer protection and air transport
Augusta Abogados
  • Aviation
  • Spain
  • 13 January 2021

Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. As a result, a complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers.

New regulations aim to guarantee gender equality
CMS Albiñana & Suárez de Lezo
  • Employment & Immigration
  • Spain
  • 09 December 2020

Although there have been some improvements for female employees in the labour market, the gender pay gap still persists in Spain. Thus, Spain recently passed two new laws which include several provisions that aim to guarantee equal pay between men and women, as well as a more detailed regulation regarding equality plans which are already in place.