Litigación y Arbitraje
Truck cartel: the Supreme Court assesses (and rejects) an expert report submitted in hundreds of legal proceedings that has led to contradictory rulings by different courts
In a new batch of judgments, the High Court confirms its doctrine in relation to the judicial estimation of the damage in this type of claims, extending it now to a series of cases which were accompanied by a specific expert report which, although more sophisticated than those provided by the plaintiffs in the cases analyzed by the Supreme Court in its judgments relating to the so-called first wave, is still insufficient to accredit the amount of the damage.Climate change reaches the civil courts: what types of legal action can companies face?
Increasingly, the courts are becoming a new scenario for the fight against climate change. We analyze the growing number of claims being brought against private entities related to the environment, together with the different types of action that claimants are taking.Spanish Courts grant precautionary measures against FIFA and the Royal Spanish Football Federation regarding fee caps imposed on football agents
In a judicial proceeding under the legal direction of Garrigues, the Commercial Court No. 3 of Madrid has issued an interim injunction ordering FIFA to refrain from applying the cap on football agents’ fees introduced by a recent FIFA Regulation and the Royal Spanish Football Federation (RFEF) to refrain from incorporating this cap into its internal regulations.Spain: The clauses of a tender which result in an abuse of dominant position by a sports federation are null and void
In a judgment in which Garrigues acted as legal director, the Provincial Appeal Court of Madrid confirms that the clauses in the bidding conditions for soccer audiovisual rights that constitute an infringement of Articles 102 of the Treaty on the Functioning of the European Union (TFEU) and 2 of the Antitrust Law (LDC) are null and void, although this is not the legal consequence provided for in those provisions.New CJEU ruling on damages arising from collusive conduct: legal costs in 'antitrust' litigation and requirements for the judicial estimation of damages
The CJEU rules on the fifth question for preliminary ruling referred by a Spanish court in relation to proceedings for damages arising from the truck manufacturers' cartel.Spain: What will the new collective actions for the protection of consumers’ rights and interests involve and how will they be heard?
The first draft bill on representative actions for the protection of consumers’ collective interests provides for the creation of a special proceeding and promotes the use of tools, such as electronic platforms, as a means of enabling a smoother hearing process and direct and simple access for consumers.Spain: Bill for the General State Budget Law for 2023 introduces a new tax benefit: the Reserve for Investments in the Balearic Islands (RIB)
The RIB consists of a reduction to the taxable amount for the tax concerned, in respect of the portion of the taxable person's income obtained from economic activities, including amounts obtained from transfers of assets used in them, which is used to record a reserve to undertake certain types of investments in the Balearic Islands.