Garrigues has a team of lawyers and tax advisers from different practice areas and offices, who specialize in the automotive industry and offer multidisciplinary advice covering all areas of business law (such as corporate, contractual, tax, labor, antitrust, litigation, insolvency, IP and privacy matters, among others).
We advise and represent the interests of the different industry players, including manufacturers, leasing companies and vehicle rental companies, giving us a 360º perspective of the automotive business and industry and enabling us to offer proactive solutions.
Our extensive office network ensures we have on-the-ground insight into each client’s situation, making us an adviser of choice. We enjoy the trust of the sector and we participate in the major deals in the different markets where we operate.
Through G-advisory, Garrigues’ specialist energy and ESG consulting subsidiary, we help clients navigate each new industry challenge, such as compliance with increasingly stringent environmental requirements (pollution control, CO2 emissions, sustainable mobility) requiring substantial investment; major regulatory changes marking a clear shift towards banning the use of internal combustion engines; sizable growth in the research and development, manufacture, marketing and use of electric vehicles; the development of innovative self-driving projects and new mobility services to promote industry investment in R&D, mergers and acquisitions, and the creation of joint ventures.
Corporate and M&A
- Advice on corporate matters.
- Contracts: dealer, repair shop, agent, supply, advertising and sponsorship agreements, standard business terms, etc.
- Advice on consumer matters and distance sales.
- Financial agreements (financial leases, financial and operating leases, factoring, reverse factoring, etc.)
- Obligations of captive financial institutions and specialized credit institutions and regulatory compliance, including anti-money laundering advice.
- Acquisitions and disposals of companies and assets belonging to companies in the value chain (dealers, repair shops, etc.)
Trade defense, anti-dumping measures and duties
- Recurring tax advisory services
- Customs warehousing, indirect taxation, imports and exports, transfer pricing and optimization of R&D&I tax credits.
- Restructuring transactions, company acquisitions and transfers, business sale and purchase transactions, joint venture agreements, due diligence reviews for company acquisitions, project finance, establishment of businesses abroad.
- International taxation.
- Tax inspections and judicial review proceedings.
- Compensation-related aspects (flexible compensation, collective procedures, etc.)
- Local taxation.
- Accounting law.
Restructuring and insolvency
- Business restructuring.
- Debt refinancing arrangements.
- Distressed debt transactions.
- Pre-insolvency matters.
- Insolvency proceedings.
- Debt recovery.
- Directors’ liability.
Litigation and arbitration
Advice, pre-litigation assistance and legal representation before the criminal courts
Advice, pre-litigation assistance and legal representation before ordinary civil and commercial courts and arbitral tribunals in relation to the following issues, among others:
- Restructuring of distribution networks.
- Disputes deriving from contractual terminations (dealer, repair shop, agency contracts, etc.).
- Cnancial leases, financial and operating leases, factoring contracts, etc.
- Product liability.
- Consumers and users.
- Application of the general distribution provisions adopted by European institutions, including specific rules recently adopted in the automotive industry.
- Programs to ensure compliance with antitrust law.
- Filing of claims and representation and defense in penalty proceedings concerning anti-competitive practices.
- Merger control procedures.
- Legal representation before national courts, and before the General Court and Court of Justice of the European Union.
- Applications for the industry authorizations and municipal licenses required for pursuit of the activity.
- Industry-specific subsidies and public aid.
- Administrative proceedings brought against operators (consumer affairs, planning and zoning matters, etc.) in both the administrative and judicial review jurisdictions. Tender procedures for administrative contracts to supply vehicles to the public sector.
- Clauses to be used when collecting personal data, whether online or offline.
- Review of contracts for services to be executed with clients, which entail access to personal data owned by the clients of companies in the automotive industry. Contracts for services to be executed with suppliers, which entail access to personal data owned by companies in the automotive industry.
- Notification, registration, modification and cancelation of personal data filing systems at the Spanish Data Protection Agency.
- IT-related matters that may have a bearing on the business activities of companies in the automotive industry.
- Obtaining clearance from the Director of the Spanish Data Protection Agency for international data transfers outside the European Union or to countries that do not offer a level of protection comparable to the provisions of Spanish data protection legislation.
Labor and employment law
- Labor relations. Advice on day-to-day matters (including contracts, modifications, suspension and termination of employment relationships, compensation, penalties, social security).
- Collective labor relationships: collective bargaining (collective labor agreements, company provisions and agreements), material modifications to collective working conditions, opt-outs, preretirement and partial retirement systems, outsourcing.
- Restructuring and collective layoffs: integral advice on collective layoff processes, procedures for temporary layoffs or reduced working hours, taking in everything from design of the strategy to participation at the negotiating table and dealings with labor union organizations, the labor inspection authorities and central and regional government authorities.
- Litigation: assistance in court proceedings at any instance (labor and judicial review courts, high courts, National Appellate Court, Supreme Court); advice on and appearances before the 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.