The Law that approved a bonus known as the “€50 flat rate” for the self-employed workers, established it in general terms as a bonus applicable to the self-employed without making any exclusion. However, the General Social Security Treasury has been excluding from its application the corporate self-employed, that is, the managing partners of commercial capital […]
Category Archives: Blog
On May 27, Royal Decree-Law 9/2017 was published in Spain’s Official Gazette of 26 May, transposing into Spanish law six European Union directives in the financial, corporate/commercial and health fields, and on the posting of workers. As regards to the posting of workers the framework of transnational provision of services, the amendment is primarily intended […]
Judgement Nº 705/2015 of the Supreme Court dated 23 December declared a clause to be abusive, wherein the BBVA imposed the payment of fees, taxes and commissions derived from a mortgage loan on a borrower, and obliges these to be reimbursed. In this clause, it was stipulated that all the taxes, commissions and fees incurred […]
In its judgement delivered on 6 October 2016 regarding an alleged request for recognition and enforcement of a Swiss judgement, whereby the Court of First Instance had applied an incorrect regime, the Supreme Court understands that in view of the settlement that would have been reached by applying the correct regime, this would have been […]
The new REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND COUNCIL of 27 April 2016, came into effect on 25 May 2016, with reference to the protection of natural persons regarding the processing of personal data and the free movement of such data. This Regulation will be implemented as of 25 May 2018, as companies […]
Judgement of the Civil Chamber of the Supreme Court, 5 October 2016 Case: Whether the withdrawal and payment of warehouse stock represents a fundamental or natural obligation of the mentioned contract, tied to a contractual compliance action; or, on the contrary, should this obligation be specifically agreed upon by the parties, so that, in the […]
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 […]
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 […]
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 […]