Publications - EU and Antitrust Law
Commission's decision on tax lease partially annulled
On February 2, 2023 the Court of Justice of the European Union (CJEU) partially annulled Commission Decision of 17 July 2013 which declared that the Spanish tax lease system was a state aid scheme and ordered it to be recovered from the investors…
Scania & Others/European Comission: the ‘Hybrid procedure and the rights of defense guarantee
What are the consequences of a settlement procedure where all the companies reach agreement with the authority conducting the investigation phase except one? Could the latter be harmed by not reaching an agreement? How does the principle of…
Cross-border bank mergers in Europe (II): The unique peculiar features of the law in each country
Keeping our legal sight on the obstacles or difficulties for cross-border mergers which we started looking at in the previous article in this series, we cannot overlook that the laws of every state retain their own peculiar characteristics, a…
Cross-border bank mergers in Europe (I): Why are they not here yet?
There has been much talk about cross-border bank mergers in Europe, but so far none have happened or appear to be imminent. A few years ago Garrigues recommended that banks watch out for them in the future. Now the European supervisors are…
COVID-19: European Commission extends and adds flexibility to temporary framework for authorization of state aid
On April 3, 2020 the European Commission announced the adoption of an amendment extending and adding flexibility to the Temporary Framework adopted on March 19, 2020 to enable Member States to give State aid for research, testing and…
COVID-19: European Commission adopts temporary framework to authorize State aid
On March 19, 2020, the European Commission issued a communication setting out a Temporary Framework that provides for more flexible and quicker authorization of State aid granted to support the economy in the current COVID-19 outbreak. The Temporary…
Brexit is here: how companies will be affected
On January 31 the UK's withdrawal from the European Union took effect and a transition period began until December 31 this year, in which EU law will continue to be applicable in relationships with the United Kingdom, while waiting for a future…
The outcome of the IRPH litigation against Spanish banks could have European-wide consequences
On September 10, the Advocate General (AG) issued his opinion on a preliminary ruling to be rendered by the Court of Justice of the European Union (CJEU) regarding a lawsuit in Spain over the validity, under the European directive on unfair terms in…
No deal Brexit: towards a 50 billion euros international lawsuit?
A no deal Brexit could prompt legal action by the European Union against the UK to claim payment of the financial obligations it assumed before its exit. This massive lawsuit, over a sum possibly in the region of 50 billion euros, could have…
These are Spain's measures to prepare for a no-deal Brexit in the fields of employment, judicial cooperation, financial services and customs
The Spanish government has adopted a range of contingency measures to prepare for the event of the United Kingdom leaving the European Union without an agreement on March 30, 2019. They are temporary measures approved through Royal Decree-Law 5/2019…
The battle to substitute English law in Europe has begun
Many important decisions at law firms and organizations depend on whether or not Brexit will deprive English law of its importance in Europe, and which, if any, legal system will take its place. New York law and French law are positioning themselves…
Protecting personal data under the GDPR in arbitration
In this article we highlight the implications for parties, counsel, arbitral institutions and third party providers and consider how to best deal with GDPR compliance including assessing if consent is necessary, obtaining consent when and if needed…