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Sports & Entertainment Newsletter - March 2014

Index

I. Articles 4

1. The European Commission investigates Spain due to alleged football (soccer) aid

2. It is valid to reduce the salary of professional sportspersons in the event of relegation (Tarragona Labor Court No. 2 judgment of March 7, 2013)

  • 2.1 Issue under debate
  • 2.2 Facts of interest
  • 2.3 The court’s view

3. Party liable for stamp tax in cases of unilateral mortgages given to the tax authorities

4. Judgment from the Madrid Provincial Appellate Court, Telecinco vs. Youtube

  • 4.1 Introduction
  • 4.2 Analysis of the judgment
  • 4.3 European case law
  • 4.4 Conclusion

II. News

III. Judgments and rulings

1. Castilla y León High Court judgment of July 17, 2013, on a professional cyclist’s injury

2. Madrid High Court judgment of September 10 2013, on the organization of the Spanish Tarmac Rally Championship

3. Madrid Provincial Appellate Court judgment of September 19, 2013, on the process for granting Real Madrid Club de Fútbol passes

4. Asturias High Court Judgment of September 20, 2013, on a professional football player’s injury

5. Madrid High Court judgment of September 30, 2013, on the dismissal of the coach of Club Deportivo Leganés

6. Galicia High Court Judgment of October 4, 2013, on the termination clause of a professional football player’s contract

7. Supreme Court judgment of October 17, 2013, on the misappropriation of amounts originating from the licensing of image rights by a football player’s agent

8. Cataluña High Court judgment of October 25, 2013, on the dismissal of a football player

9. Seville Provincial Appellate Court judgment of October 28, 2013, on the indemnification for the unilateral termination of a representation contract with a sportsperson

10. Asturias High Court judgment of October 31, 2013, on a professional football player’s injury

11. Madrid High Court judgment of November 4, 2013, on the dismissal of entertainers

12. Central Economic-Administrative Tribunal decision of November 5, 2013, on the attribution of income from the licensing of image rights

13. National Appellate Court judgment of November 13, 2013, on abuse of dominant position by collecting society when setting rates

14. Supreme Court judgment of November 14, 2013, on refusal to exercise jurisdiction over player registration in connection with the Spanish football association (RFEF - Real Federación Española de Fútbol)

15. Cordoba Judicial Review Court Judgment of November 18, 2013, on the right to vote at certain sport entities

16. Madrid High Court judgment of November 22, 2013, on the dismissal of entertainers

17. Asturias High Court judgment of November 22, 2013, on the termination of an employment contract

18. Decision handed down by the National Markets and Antitrust Commission on November 28, 2013, on the agreements for the acquisition of audiovisual rights to the La Liga and La Copa del Rey football games

19. Cataluña High Court judgment of December 4, 2013, on the dismissal of the coach of the national swimming team

20. Castilla La Mancha High Court judgment of December 5, 2013, on the injury of a professional handball player

21. Madrid High Court judgment of December 9, 2013, on severance outstanding to a professional football player for his transfer to another club

22. La Rioja Provincial Appellate Court Judgment of December 30, 2013, on the commission under representation contracts for athletes

23. Supreme Court judgment of January 15, 2014, on a challenge against two capital increase resolutions adopted by the shareholders’ meeting of an S.A.D. sport company on the ground of a defect in the convening of the meeting

24. Binding ruling V3038-13 of October 11, 2013, on entities exempt or partially exempt from corporate income tax

25. Binding ruling V3241-13 of November 4, 2013, on the activity of providing image advice in the audiovisual industry

26. Binding ruling V3496-13 of December 2, 2013, on the monetary consideration received by participants in cultural acts

IV. Legislation

1. Order ECD/197/2014, of February 13, 2014, laying down the requirement to communicate by electronic means in certain procedures for the grant of aid and subsidies managed by the National Performing Arts and Music Institute and establishing a general access point at the Citizens’ Information Center located at the Office of the Secretary of State for Culture