Automotive

The Automotive industry group is made up of lawyers and tax advisors from Garrigues’ different offices and practice areas.

We advise and represent the interests of the various industry players on a wide range of issues (corporate, contractual, tax, labor and employment, antitrust, litigation, insolvency, etc.), endeavoring at all times to remain close to our clients, to understand their business, and to anticipate industry needs and problems and propose solutions.

Our multidisciplinary approach and extensive industry knowledge enables us to provide expert advice and to share and exchange a wealth of knowledge and experience.

The Automotive industry group has acquired wide-ranging experience from working on many complex projects, transactions and disputes with a significant bearing on the industry, and is highly regarded by both clients and competitors.

CORPORATE/COMMERCIAL

  • Advice on corporate matters.
  • Analysis, review and drafting of commercial contracts (dealers, repair shop, supply, advertising contracts, standard business terms, etc.)
  • Analysis, review and drafting of financial agreements (financial leases, financial/operating leases, factoring, reverse factoring, etc.)
  • Financial and regulatory advice in relation to the obligations of credit financial establishments and legislative compliance, including general anti-money laundering advice.
  • Advice on corporate acquisitions and disposals.

TAX

  • Ongoing tax advisory services.
  • Advice on customs warehousing, indirect taxes, imports and exports.
  • Advice on transfer pricing and R&D&I tax credits.
  • Analysis and implementation of transactions for the restructuring, acquisition or transfer of companies, the sale and purchase of businesses, joint venture agreements, due diligence reviews with respect to corporate acquisitions, project finance, and setting up businesses abroad.
  • International taxation.
  • Advice and representation in tax inspections and judicial review proceedings.
  • Remuneration (flexible compensation, layoffs, etc.).
  • Local taxation.
  • Accounting law.

 

LITIGATION AND ARBITRATION

  • Advice, pre-litigation assistance and representation before ordinary civil and commercial courts and courts of arbitration in relation to the following matters, among others:
  • Restructuring of distribution networks.
  • Disputes deriving from the termination of dealer, repair shop, agency agreements, etc.
  • Financial and operating leases, factoring, etc.
  • Product liability.
  • Users and consumers.
  • Advice, pre-litigation assistance and representation before criminal courts.

 

ANTITRUST LAW

  • Advice on the application of the provisions adopted by European institutions in the distribution sector in general, including specific rules adopted in the automobile industry.
  • Programs to ensure compliance with antitrust law.
  • Filing of claims and representation and defense in penalty proceedings concerning anti-competitive practices.
  • Advice on concentration control procedures.
  • Legal representation before national courts, and before the General Court and Court of Justice of the European Union.

 

LABOR AND EMPLOYMENT

  • Labor relations. Advice on day-to-day business matters (including contracts, modifications, temporary layoffs and contractual terminations, remuneration, penalties, social security matters).
  • Collective relations: collective bargaining (collective labor agreements, company provisions and agreements), material modifications to collective working conditions, opt-outs, preretirement and partial retirement systems, outsourcing, etc.
  • Restructuring and collective layoffs: comprehensive advice on procedures for collective layoffs, temporary layoffs and reductions in working hours, from designing the strategy to actively participating in negotiations and in dealings with labor unions, labor inspection authorities and central and regional government authorities.
  • Labor litigation: assistance with court proceedings at any instance (labor and judicial review courts, high courts, National Appellate Court, Supreme Court); advice on and appearances before labor inspection authorities, mediation services and any other competent authorities.
  • Occupational risk prevention, health and safety at work: prevention systems, appointment of workers tasked with prevention activities, prevention plans, evaluations, training and information, etc.

 

RESTRUCTURING & INSOLVENCY

  • Business restructuring.
  • Debt refinancing.
  • Distressed debt transactions.
  • Pre-insolvency matters.
  • Insolvency proceedings.
  • Debt recovery.
  • Director liability.

PUBLIC LAW

  • Advice on the processing of the industry authorizations and municipal licenses required for pursuit of the activity.
  • Advice on obtaining, managing and justifying industry-related subsidies/public aid.
  • Assistance with administrative proceedings brought against operators (consumer affairs, zoning, etc.), in both the administrative and judicial review jurisdictions.
  • Assistance in tender procedures for administrative contracts to supply vehicles to the public sector.

DATA PROTECTION

  • Advice on the review and drafting of data protection clauses to be used when collecting personal data, whether online or offline.