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Court of Justice of the European Union

Legal briefing

Reference for a preliminary ruling from the Hungarian Supreme Court to the CJEU concerning the application of the theory of economic unity to the parent company and subsidiaries of the injured party in a competition damage claim

Written by: Javier García Marrero, Beatriz García, Jorge Masía, Ana Parés...
29/08/2022

This Legal Briefing discusses the question referred by the Hungarian Supreme Court to the CJEU for a preliminary ruling concerning the application of the theory of economic unity...
Article

The assignment of claims in administrative contracting: recent pronouncement of the supreme court and constructive proposals for pending issues

Published by: Diario La Ley
Written by: Natalia Olmos...
29/04/2022

Ruling 1483/2021 of the Administrative Chamber (3rd Section) of the Supreme Court of 15 December 2021 has reinforced the legal certainty of companies acting as assignees of collection rights vis-à-vis public administrations...
Legal briefing

Modification of the legal regime associated with non-compliance with the Spanish tax form 720 after it was declared contrary to EU law

Written by: José Suárez...
10/03/2022

Law 7/2012 of 29 October introduced a new obligation to declare assets and rights located abroad...
Legal briefing

Criteria to assess whether there is any risk of the requested person´s fundamental right to a fair trial in the execution of an European arrest warrant

Written by: Adriana de Buerba, Juan Palomino, Jorge Walser Boserman...
02/03/2022

In this Legal Briefing we analyse the latest Court of Justice of the European Union's judgement on the opposition motives in the execution of an European arrest warrant...
Legal briefing

The CJEU declares that the penalty system established for failing to comply with the obligation to declare assets and rights located abroad is contrary to EU law.

Written by: Clara Jiménez, José Suárez, Diego Marín-Barnuevo...
28/01/2022

In this Legal Briefing we analyse the new CJEU ruling on the obligation to provide information on assets and rights abroad...
Article

Directive 93/13: opaque clauses directive?

Published by: Diario La Ley
Written by: Juan Rodríguez Cárcamo, Gonzalo Fernández-Bravo Bernaldo de Quirós...
24/01/2022

One of the most widespread litigation practices before Spanish courts has consisted of consumer claims against financial institutions...
Legal briefing

Opinion of the Advocate General in Case C-278/20 concerning the Spanish system of State liability for infringements of EU law

Written by: Natalia Olmos...
24/01/2022

This Briefing sets out the Advocate General’s main conclusions in relation to the infringement of the principles of equivalence and effectiveness...
Legal briefing

Extraterritorial sanctions in civil proceedings in light of the CJEU Judgment of 21 December 2021, C-124/20, Bank Melli Iran

Written by: Juan Rodríguez Cárcamo, Sonsoles Centeno, Francisco Barranco-Polaina César...
10/01/2022

This Legal Briefing analyses the possible implications of this judgment for European Union companies...
Article

The position of the Court of Justice on investment arbitration and the reaction of international arbitral tribunals.

Published by: Revista de Mediación y Arbitraje - Wolters Kluwer
Written by: Fernando Bedoya, Javier Tarjuelo...
23/12/2021

The position of the CJEU against the validity of intra-EU investment arbitration is clear, as can be seen in its latest decisions...
Legal briefing

Inbox Advertising under EU law, according to the judgment of the CJEU in StWL v. eprimo

Written by: Andy Ramos Gil de la Haza...
30/11/2021

This Legal Briefing analyses the CJEU judgment regarding Inbox Advertising in the case of StWL v. eprimo...
Legal briefing

The Court of Justice rules against ad hoc arbitration agreements that are identical to clauses contained in bilateral investment treaties between Member States

Written by: Fernando Bedoya, Ignacio Santabaya, Javier Tarjuelo...
08/11/2021

This Legal Briefing analyses a new CJEU judgment on investment arbitration...
Article

Limits to a preventative detention order in compliance with a red notice from Interpol should the “non bis in idem” principle apply

Published by: El Derecho
Written by: Guillermo Meilán...
09/06/2021

The non bis in idem principle may be applied to resolutions handed down by bodies other than criminal courts...
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