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Legal market overview
Spain’s sustained economic growth in 2015 has finally given investors hope after years of gloom following the onset of the financial crisis. Despite ongoing political fragmentation after the general elections of December 2015, and Catalonia’s independence claim, the market mood is optimistic.
The confidence is attributable in part to several governmental measures: the cutting of public expenditure; higher taxes aimed at autonomous communities; and the results of labour and financial reforms of previous years. According to the European Commission, Spain is now one of the fastest-growing economies in the eurozone. It is expected to grow by over 3% in 2015, compared to 1.4% the previous year, marking its highest growth rate in seven years.
Law firms report an increase in M&A transactions, a consequence of an increase in credit lines to businesses and increased foreign investment. While there is still some activity on the insolvency front, the focus is turning to refinancing transactions relating to existing credit. Real estate is a core sector, and the country is seeing high levels of interest from investment funds, with the explosion of SOCIMIs (the local equivalent of REITs) being one of the main drivers of new work.
Three domestic heavyweights – Uría Menéndez, Garrigues and Cuatrecasas, Gonçalves Pereira – have a commanding presence in the market, closely followed by international names including the Magic Circle firms present in Spain and Baker & McKenzie. Other notable domestic firms include Gómez-Acebo & Pombo Abogados, Pérez-Llorca and the up-and-coming Rousaud Costas Duran SLP.
Legal Business: country analysis
Breaking new ground – advisers hope shale revolution can restart CEE market
Weighed down by political unrest and slowing economies, energy and infra projects look like one area to be driving
the CEE economy. Can the shale revolution power up
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INSIGHT: Hard graft
the pan-Europe bribery crackdown
As European agencies turn up the heat on bribery and corruption, we team up with Simmons & Simmons to assess how clients are responding.
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Spain has recently been referred to as one of the "hottest" European countries in terms of debt sales, specifically of non-performing loans. This should not come as a surprise in a scenario in which independent audits as of June 2012 revealed a EUR 62 billion capital shortfall in Spanish banks and in which the Spanish rate of non-performing loans stayed above eight per cent of all loans.
On October 11, the Official State Gazette published Law 38/2011 on the reform of Law 22/2003 of July 9 on Bankruptcy that entails a broad and ambitious procedure to modify bankruptcy legislation.
OPINION - ON DATA IN THE CLOUDS OR DIGITAL PHOTOCOPIERS
Chapter IV, Title III of the Bankruptcy Act (hereinafter, the "BA") regulates the filing of actions against the activity of debtors declared bankrupt in order to return to the bankrupt estate certain assets which the legislator considers should never have been taken away.
The employer has the possibility to contest the candidate lists in the event that a candidate does not comply with the conditions for eligibility. The Supreme Court recently confirmed that this is only possible within the strict terms provided in the social elections procedure.
Urgent Measures for the reform of collective bargaining.
Commercial …………………………. Strengthening Financial System Law on a Sustainable Economy
(1) Mercantile: Liberalizing actions in the tax and labor areas in order to encourage investment and create employment. (2) Litigation: Reform of the Penal Code (Organic Law 5/2010 of June 22). (3) Labor: Paternity Leave. Maintenance of employment and professional training. IPREM and SMI for 2011. Self Employed Workers. Pensions. Placement Agencies. (4) Tax: Changes: personal income tax, company tax, income tax for non residents, tax on patrimony transfers and documented legal acts, VAT.
We live in a globalized world where people, goods and money can move freely between national borders. It is perfectly possibly to buy a computer manufactured in Tokyo from a sales company established in Bangladesh, while sitting outdoors on a terrace in Rome. In this context, with transnational commerce and business relations constantly expanding, it is logical that international litigation is becoming increasingly commonplace.
A shade of the colour red used by a German bank shall continue to enjoy trademark protection. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, in its ruling of July 21, 2016 (Az. I ZB 52/15).
Karanović & Nikolić is pleased to announce its involvement in advising R&R Ice Cream, a leading ice cream company based in the UK, on Serbian law matters relating to its 50/50 joint venture with Nestlé, the world’s leading nutrition, health and wellness company. The advising team consisted of Srdjan Dabetić Stefan Antonić from Karanović & Nikolić’s Belgrade office. Globally, our client was advised by London based Allen & Overy LLP.
Anyone who does not wish to be subject to the rules of intestate succession can set out arrangements for their estate in a will or contract of inheritance. A contract of inheritance has a strong binding effect.
Pitmans has been awarded winner of the best work/life balance in the 2016 Lex 100 - a survey that is recognised as the most comprehensive valuation of training opportunities at law firms across the UK.
It has since become common for contracts with real estate brokers to be concluded online or by email. It is possible to withdraw from these contracts provided the statutory notice periods are observed.
Guidance on the right of withdrawal featuring the footnote “Nicht für Fernabsatzgeschäfte” (not for long-distance transactions) is ineffective. The Oberlandesgericht (OLG) Düsseldorf [Higher Regional Court of Düsseldorf] ruled that it is possible to effectively withdraw from loans accompanied by this kind of guidance.
Head of VEGAS LEX Litigation group Victor Petrov has spoken at a NAPF workshop on cooperation and legal assistance of non-state pension funds in working out positions on complex legal issues.
VEGAS LEX, FAS Russia host business breakfast to discuss new regulation of procurement for unitary eOn September 30, 2016, VEGAS LEX hosted a business breakfast on adopting the contract system in procurement for unitary enterprises and their liability for violations in the context of new legislation, with representatives of FAS Russia attending the event.
According to a ruling of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, from July 12, it is possible to effectively withdraw from loan agreements featuring the wording that the withdrawal period shall commence “frühestens mit dem Erhalt dieser Belehrung” [at the earliest upon receipt of this guidance] (Az.: XI ZR 564/15).
As demonstrated by a ruling of the Oberlandesgericht (OLG) Köln [Higher Regional Court of Cologne] from July 1, 2016, associated risks and side effects need to be taken into account not only in relation to medications but also advertising for pharmaceuticals (Az.: 6 U 151/15).