Spain updates

Aviation

Contributed by Augusta Abogados
The new normal? COVID-19 legislation: travel restrictions
  • 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.

The new normal? COVID-19 legislation: safety measures
  • 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.

The new normal? COVID-19 legislation: subsidies, consumer protection and air transport
  • 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.

Update on abusive clauses in passenger contracts
  • Spain
  • 18 November 2020

In 2019 Gijón Commercial Court No 3 ruled in a case dealing with some of Volotea's transport terms and conditions. The Association of Financial Users, a consumer protection association that filed the initial claim, disagreed with some of the judgment's points and lodged an appeal. The Provincial Audience of Asturias recently gave its judgment in appeal; while it confirmed some of the first-instance court's decisions, it overruled others. This article focuses on the most controversial decisions.

Burden of proof in consumer claims
  • Spain
  • 11 November 2020

The European Court of Justice (ECJ) recently ruled on a request for a preliminary ruling from Barcelona Commercial Court 9. The case concerned the interpretation of Articles 17(2) and 22(1) of the Montreal Convention. In line with the Montreal Convention, the ECJ established the principle that the courts should fix the amount of compensation, depending on the damages effectively suffered by the passenger, subject to a limit of 1,131 special drawing rights.


Corporate & Commercial

Free-will principle in compulsory transfer of shares in limited liability companies
CMS Albiñana & Suárez de Lezo
  • 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.


Corporate Finance/M&A

Contributed by CMS Albiñana & Suárez de Lezo
Possible conflicts of interest in evaluation reports compiled by directors and evaluation methods used in takeovers
  • 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.


Employment & Immigration

Contributed by CMS Albiñana & Suárez de Lezo
Employees' right to disconnect
  • 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.

New regulations aim to guarantee gender equality
  • 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.

Q&A on new remote working regulations
  • Spain
  • 14 October 2020

The health crisis triggered by COVID-19 has accelerated the already existing trend of facilitating and implementing remote working policies in Spain. However, forced remote working as a result of the pandemic has emphasised the lack of regulation in this area, not to mention the practical issues previously left unresolved. Published on 23 September 2020, Royal Decree-Law 28/2020 on remote working seeks to provide clearer guidelines in this regard.

Employment-related measures to fight effects of COVID-19: regulatory update following lifting of state of emergency
  • Spain
  • 05 August 2020

In order to illustrate the current status of the COVID-19 extraordinary measures following the lifting of the state of emergency on 21 June 2020, this article summarises the key employment-related measures adopted since the state of emergency was declared and the updated regulation of each measure following the numerous amendments introduced subsequent to Royal Decree-Law 8/2020.

Extraordinary employment-related measures in fight against COVID-19: regulatory update
  • Spain
  • 03 June 2020

The government has adopted several extraordinary employment-related measures in response to the COVID-19 pandemic. Moreover, since a state of emergency was declared, Spain's employment authorities have published countless guidelines and instructions relating to the practical application of such measures. This article summarises the key employment-related measures adopted since the state of emergency declaration.


Insolvency & Restructuring

Contributed by Augusta Abogados
Composition of active mass under TRLC – case law
  • 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
  • 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.

New insolvency and restructuring measures due to COVID-19 pandemic
  • 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.