Litigation and Arbitration
Television vs. Internet: The CJEU Clarifies Jurisdiction in International Defamation Cases
The CJEU judgment in Idziski clarifies the criteria for jurisdiction in defamation cases involving dissemination across multiple Member States. The ruling distinguishes between content broadcast on television and on the internet, confirms the territorial allocation of damages pursuant to the mosaic theory, limits recourse to the victim’s centre of interests to cases involving the internet (subject to the victim’s identification), and reserves actions for general rectification to courts having jurisdiction over the entirety of the harm.The CJEU outlines the forum of the 'anchor defendant' in actions for 'antitrust' damages directed against a plurality of defendants
The Court of Justice of the European Union (CJEU) has specified the scope of Article 8.1 of the Brussels I Bis Regulation in actions for damages for infringements of competition law with multiple defendants. The judgment clarifies that the anchor defendant forum can be applied even if that defendant has not been the addressee of the sanctioning decision and confirms that the mere fact that the alleged harm occurred outside the European Economic Area (EEA) is not, in itself, sufficient to treat the claim as manifestly unfounded at the jurisdictional stage.The CJEU clarifies the limits and requirements governing access to evidence prior to bringing an antitrust damages action
In a recent judgment, the Court delineates the scope of pre‑trial access to evidence in actions for damages arising from competition law infringements, establishes a plausibility standard based on the viability of the claim, and clarifies the evidentiary value of Commission decisions in that analysis.Mexico approves historical amendment to the Amparo Law: new limitations, requirements and digital justice system
On October 16, 2025, a comprehensive amendment to the Amparo Law, the Federal Fiscal Code, and the Organic Law of the Federal Court of Administrative Justice was published on the Mexican Federal Official Gazette (DOF). The reform redefines legitimate interest, tightens the requirements for granting the suspension of the challenged act, limits the admissibility of amparo proceedings in tax matters, and consolidates the digital trial system.The limitation period for follow-on actions based on CNMC decisions starts running once the decision becomes final
A recent ruling by the CJEU concludes that, in this type of actions, the limitation period only begins when the decision is final and has been properly published, since, before that happens, the injured parties do not have the information necessary to claim. According to the court, the opposite would make it excessively difficult to exercise the right to compensation and would violate the principle of effectiveness. We analyze the ruling and the various questions that this ruling raises.The Value of Electronic Signatures in Real Estate Contracts in Mexico
In an increasingly digitized world, Mexico's real estate sector is starting to adopt tools like electronic signatures to simplify processes and increase efficiency. However, the complete transition to a digital environment has not been without challenges, especially due to the legal and operational particularities of the local market.The CJEU establishes the limits that a Member State cannot cross by restricting those damaged by an antitrust infringement from giving up their right to be compensated
In a recent judgment, the CJEU establishes that a national rule that prevents those damaged by an antitrust infringement from assigning their right to compensation would be contrary to Articles 101 of the TFEU and 47 of the Charter of Rights of the European Union when: (i) the law of that State does not provide for other possibilities of grouping the individual claims of those damaged by an infringement of competition; and (ii) the exercise of individual actions for damages by the damaged parties is impossible or excessively difficult.Spain: Twenty new features of electronic judicial auctions in the Organic Law on efficiency measures in the public justice system
The new regulation contains major new provisions for electronic auctions applying to proceedings commencing on or after April 3, 2025. We have drawn up a table summarizing the twenty key changes to bear in mind.Portugal: May a partner unilaterally withdraw from the “aval” (guarantee) granted on a blank promissory note after leaving the company?
The SCJ decided that the legal binding for the “aval” in a blank promissory note may, under certain terms and circumstances, be unilaterally terminated by a former partner or former managing partner of the guaranteed company.