Monthly Archives: September 2016

The doctrine regarding the refund of advanced payments made for housing purchases due to planning reasons.

Judgement of the Civil Chamber of the Supreme Court, 12 September 2016. The JUDGEMENT OF THE CIVIL CHAMBER OF THE SUPREME COURT of 12 September 2016 establishes the doctrine that: “The legal guarantees offered for amounts advanced for housing purchases regulated by law 57/1968 regarding the receipt of amounts paid prior to the construction and […]

Action of exclusion of the managing partner of the company: Expiry of the deadline.

The recent Judgement of the Supreme Court of 29 June 2016, relevant to review on appeal, deals with the legal regime of the exclusion of partners with reference to Art. 352.3 LSC (Spanish Corporate Law) which stipulates that “Any partner who voted in favour of the agreement  will be entitled to exercise the action of […]

Interpretation of the notion of “intermediary for the purpose of Directive 2004/48/EC

In the dispute raised with the Czech courts by Tommy Hilfiger Licensing LLC, Urban Trends Trading BV, Rado Uhren AG, Facton Kft., Lacoste SA and Burberry Ltd. vs Delta Center a.s. referred the following for a preliminary ruling: Delta Center is the tenant of the Prague market halls.  Third parties sell counterfeits of the applicant’s […]