News

Latest amendments to the Revised Text of the Bankruptcy Law

The latest amendments to the Revised Text of the Bankruptcy Law appear to be moving forward if we look at the evolution of bankruptcy proceedings during 2023. However, the success lies precisely in the wrongly named pre-bankruptcy phase and, specifically, in the restructuring plans that are avoidin...

Compliance and Corruption: Preventative Strategies and Corporate Responsibilities

In today's business environment, compliance has emerged as a critical element to counteract corruption. This article explores how compliance practices help mitigate corruption within companies, leveraging an approach focused on transparency and ethics. The Role of Compliance in Combating Corruption...

State Liability: A Case of Nonexistent Capital Gain

The recent decision by the Supreme Court of Spain has set a precedent in the jurisprudence regarding state legislative liability, especially in cases where taxes are levied without a real increase in value. This ruling emerges as a beacon of justice for taxpayers who have been financially affected b...

Sustainability and Compliance: Key Elements for a Sustainable Future

In the era of global interconnection, we face multifaceted challenges spanning social, economic, and environmental aspects. Sustainability has emerged as an urgent necessity, significantly driven by the UN's 2030 Agenda for Sustainable Development. This agenda outlines the Sustainable Development Go...

"Compliance is in fashion." Interesting article by Fernanda Hurtado in her opinion column in La Tercera about the importance of compliance in Chile

Compliance is in fashion In the article "Compliance is in fashion", Fernanda Hurtado, general manager of Fundación Generación Empresarial, maintains that the culture of compliance is booming in Chile.  The importance of compliance The article begins with a reflection on the imp...

Compliance in companies: new challenges after the promulgation of the new economic crimes law

On July 20, 2023, the Chilean Congress enacted Law No. 22,450, which systematizes economic crimes in the Penal Code. This law introduces important new developments in compliance, which companies must take into account to avoid legal sanctions.  Compliance and new economic crimes Susana Sierra...

Second Chance Law in Zaragoza: How to start over

What is the Second Chance Law? The Second Chance Law is a law that allows insolvent individuals and self-employed workers to free themselves from their debts and start over. This law, in force since 2015, offers a legal path to leave financial difficulties behind and regain control of your financia...

Zaragoza Lawyers

How to Choose the Best Law Firm in Zaragoza Are you looking for a law firm in Zaragoza that offers you professional, personalized, and quality service? If so, you'll want to know how to choose the best one to defend your case. Not all law firms are the same, nor do they have the same experience, sp...

Legal guide to doing business in Spain 2023

 The International Business Network was born with the aim of making visible the different business opportunities existing in our environment, also favoring the generation of work synergies among its associates and collaborators. Our philosophy is to serve as a link between differ...

The transformation of the Spanish economy

We live in a changing and dynamic world. Since the second half of the 20th century, we have entered the Digital Age, a period in our history that encompasses the constant and unstoppable evolution of technologies that are so deeply rooted in our daily lives that we do not know a reality without them...

Second Chance Law after the bankruptcy reform

What is the Second Chance Law? The second chance law is a legal mechanism that allows natural persons, both individuals and self-employed and entrepreneurs, who are in a situation of insolvency, to renegotiate or cancel their debts totally or partially. This law aims to enable people who have faile...

What is Corporate Compliance and Why is it Fundamental for Companies?

Corporate compliance is a practice that has become increasingly important for companies around the world. In a complex and constantly evolving business environment, organizations face growing regulatory and legal pressures. Corporate compliance refers to the implementation of policies and procedures...

New York locals use facial technology to bar lawyers from entering

The company that owns Madison Square Garden and Radio City Music Hall is using facial recognition technology in these locations to deny entry to lawyers working on litigation against the company. The Attorney General of New York, Letitia James, has sent a letter to those responsible for Madison Squa...

What is the second chance law?

José Montero, managing partner of Montero de Cisneros Abogados comments that "the second chance law is a tool that individuals and the self-employed can use to leave behind a serious economic situation. This is achieved through a series of negotiations and under a kind of legal "umbrella", wh...

TSA condemns Budget director for canceling employee protected by union immunity

The fourth chamber of the Superior Administrative Court (TSA) sentenced the Director General of the Budget, José Rijo Presbot, to pay compensation in favor of a technician from that body who was protected by union immunity and who was separated from the institution. The court determined that...

Second Chance Law What is it and how can I take advantage of it?

The Second Chance Law is a legal mechanism that individuals or self-employed individuals who have contracted a debt derived from their business or work activity that they cannot afford can benefit from. In practice, this Law is equivalent to the bankruptcy of companies, but aimed at natural persons...

So you can claim compensation from the State for the limit of 2% of the rent increase

If you are an owner, you can claim patrimonial responsibility from the State for damages, according to Asval The Association of Rental Housing Owners (Asval) states that the “Government of Spain will extend the 2% limit until December 31, 2023 without giving owners any compensation in exchang...

Last call to claim the patrimonial responsibility of the state legislator in municipal capital gains

This Friday, November 25, marks one year since the publication in the BOE of the Constitutional Court ruling number 182/2021, of October 26, which declared the unconstitutionality of the objective system for calculating the municipal capital gains tax. Therefore, the term to urge the patrimonial res...

The National Court sends to the TS the patrimonial claims by Covid

Hoteliers, merchants, companies linked to passenger transport and tourism, gyms, training schools... all those businesses that were not considered essential during the confinement, and had to close during the hardest months of the Covid pandemic. -19, seek compensation. Also those who saw their acti...

There is less than a month left to claim the State for the illegality of the capital gain

One year after the municipal capital gains calculation system was declared unconstitutional, there are many taxpayers who have had their way closed to claim the tax refund, due to the very limitation of effects of judgment 182/2021, of the Constitutional Court. In this situation, it is interesting t...

The State has already received 5,428 requests for compensation for covid and has not granted any

To date, the Government has received at least 5,428 claims for property liability related to covid-19, without so far granting a single compensation requested in the files it has processed for the hypothetical damage caused by the decisions adopted during the pandemic to prevent the spread of the vi...

The Government trusts that before the end of the year, deputies will discuss the Patrimonial Responsibility Law

The proposal was sent by Governor Carlos Manuel Merino on March 31. The coordinator of Legal Affairs of the state Government, Karla Cantoral, trusted that before the end of 2022, the local Congress will discuss the initiative for the State Patrimonial Responsibility Law, sent more than seven months...

The Second Chance Law in ten sentences

The pandemic has been a blow to the economy of many small and medium-sized entrepreneurs who, in addition to the blow caused by the 2008 crisis, have added the losses caused by ERTEs, confinements, mobility restrictions and schedules derived from the appearance of Covid. A situation in which people ...

What will the new second chance be like?

Until now and after the ruling of the Supreme Court of June 2019, the requirements to achieve the Exoneration of Unsatisfied Liabilities (hereinafter BEPI) were quite peaceful. But the new wording of the bill about to be approved, and a couple of very recent orders from courts of first instance, wh...

Law of the second chance: the solution to the indebtedness produced by the pandemic

As a consequence of the pandemic, indebtedness has increased exponentially over the last three years because many people have had to resort to credit to continue their activities. Individual entrepreneurs, better known as self-employed, have also been seriously affected by this circumstance, since ...

How does the Second Chance Law work?

It is a legal mechanism that allows those who see that they cannot pay their debts to face the future. Although it is designed for individuals and the self-employed, it is not always possible to take advantage of its benefits. There are some requirements to benefit from the Second Chance Law; It is...

The European Justice agrees with Spain in its claim for damages for the Prestige

The European Court of Justice has ruled that the confirmation of an arbitral award in the United Kingdom cannot prevent the recognition of the decisions of the Spanish Justice that demanded that the Prestige insurer pay the compensation claimed by Spain. The ruling responds to a preliminary ruling ...

The Treasury already cancels fines and begins to return the declaration of assets abroad

The economic-administrative courts that depend on the Treasury annul fines and the State Attorney's Office begins the process of returning Form 720 that the Court of Justice of the EU overturned After some hesitant beginnings, the Treasury refund machinery for the declaration of assets abroad that h...

Patrimonial responsibility of the Public Administration

Generally, when we speak of Responsibility as an institute or legal figure, we think of that obligation to repair the damage caused to an individual, but exclusively a private matter. The former president of the Supreme Court of Justice Jorge Subero Isa, in his text Treaty of Civil Responsibility (2...

Requirements to benefit from the Second Chance Law

Nowadays, there are more and more lawyers specialized in the Second Chance Law willing to provide advice to those who need it.   Today, there are more and more lawyers specializing in Second Chance Law willing to provide advice to those who need it.   However, finding a...

Failure in model 720. This is how the self-employed can claim

The European court considers "disproportionate" the sanctions that were being imposed for failures in model 720 Erroneously presenting the informative declaration on goods and rights located abroad, that is, the 720 model of the Treasury, entails sanctions for the self-employed person. However, ther...

What is the Second Chance law and how to know if a person can take advantage of it?, by Woinfi Legal

Since the decree issued in 2015, a way to get out of a financial problem by legal means is the Second Chance law. This is established as an ideal option for people who have a debt, but due to their own situation they could not reach an agreement with the creditors and need to be exonerated. However,...

Culture will give 44 million to authors to compensate them for private copying

The legal change of 2011 prevented them from collecting private copy rights for 3 years and, in this way, the Government cancels its patrimonial responsibility. The Ministry of Culture and Sports has allocated 44,006,587 euros to compensate the authors for the legal change that in 2011 prevented th...

What is the Second Chance Law and who can take advantage of it

The Second Chance Law is designed for people who cannot cope with their debts and find it impossible to rebuild their lives after their business fails. It allows you to renegotiate those debts and even start from scratch, since it also exonerates them. It is a law that protects the entrepreneur and ...

Learn about the Second Chance Law

The current health situation that we are experiencing is the best example we can have to know that a situation of economic precariousness can be unpredictable for any company or person. Sometimes the bankruptcy of a business has nothing to do with mismanagement at all. To avoid all the problems th...

The Government orders to return all the fines imposed during the first state of alarm

With the advice of computer equipment, the Government will proceed to return "ex officio" the amount that was collected in the sanctions imposed in compliance with the state of alarm. The Government has ordered the creation of a work team to proceed with the return of all the fines that were imposed...

The TC declares unconstitutional part of the royal decree-law of floor clauses

It regrets that certain articles, such as that of procedural costs, "favor the one who unilaterally imposed the abusive clause." The Constitutional Court (TC) has declared unconstitutional part of the royal decree-law of urgent measures for the protection of consumers in terms of land clauses approv...

Refund of insurance premiums

A ruling issued by the Court of First Instance No. TWELVE of Zaragoza on August 28, 2021, agrees to return insurance premiums imposed by the bank when signing a mortgage.

The fines of the state of alarm pending or appealed will be null

The declaration of unconstitutionality of the confinement of the state of alarm has direct consequences on the sanctions derived from skipping this prohibition of driving, that is, the fines. But it will have no effect when claiming compensation from the State for the damages caused as a result of t...

Nullity of sanctions and patrimonial responsibility after the possible declaration of unconstitutionality of the first state of alarm

In relation to the unconstitutionality appeal filed against the first State of Alarm declared by Royal Decree 463/2020, of March 14, for the management of the health crisis situation caused by COVID-19, our Constitutional Court began last week In plenary deliberation on the judgment prepared ...

Patrimonial responsibility of the State for faulty operation of the sanitary service

The patrimonial responsibility of the State is configured, in cases where the faulty operation of the equipment and facilities used to provide the public health service causes damage or injury to patients or users. In Spain, the jurisprudential development has been diverse in relation to the State's...

State should compensate for damages caused to individuals

At the national level there is legislation since 2005, and at the local level, there have only been attempts, but no initiative has proceeded. Has your car been damaged in a pothole? Has it ever fallen into an unclogged gutter? according to the Constitution, the State would be obliged to pay compens...

Who defends the second chance

It is no coincidence that almost a quarter of competitions for individuals are processed in the city of Barcelona Taking the second chance means going through a procedure in which a bankruptcy administrator is appointed to guide you, until you get the forgiveness of the debts of people in good faith...

Avalanche of legal proceedings after the health crisis

During the pandemic, the number of judicial files has been reduced by 26%. This has been assured by the Dean of the Cantabria Bar Association, Andrés de Diego, in the Encuentros program of RNE in Cantabria. On the contrary, De Diego predicts that when the health crisis is overcome, there will...

The second chance allows me to start again

Juan Antonio Serrano is 43 years old and has a professional life ahead of him. In 2014, this telecommunications engineer founded a digital transformation company in which forty people came to work and had a turnover of one million euros. Financing from banks was important to keep business going. How...

Can I sue the government if I get sick?

The so-called "tort law" essentially seeks to obtain reparation for the damage caused by violating a contract or by violating some general duty of care. This can be summed up in the phrase "whoever causes damage must repair it." The subject is more complicated than that, but for the purposes of this...

A hundred businessmen from the Pyrenees come together to demand compensation from the DGA for the losses of the snow campaign

Those affected will claim compensation for the consequences of mobility restrictions and for staying out of the summoned aid. A hundred self-employed and small entrepreneurs in the Pyrenees linked to the snow sector (hotels, restaurants, shops, ski schools ...) have come together to demand financial...

An insurer sentenced to compensate a pizzeria for losses from confinement

GIRONA (EP). The Civil Section of the Girona Court on Tuesday sentenced an insurance company to compensate a pizzeria with 6,000 euros that it claimed alleging a section in its policy that included the 'activity stoppage' with an amount of 200 euros per day for 30 days. The sentence, consulted by Eu...

Chris Seeger interviewed by Lawdragon magazine

Lawdragon magazine interviewed founding partner Christopher A. Seeger in their fifteenth-anniversary print issue, a celebration of “leading lawyers and legal professionals defining and changing our world.” Seeger, named a “Lawdragon Legend” by the magazine, has appeared in it...

Can the COVID-19 vaccine be mandatory in Spain?

December 29, 2020 and January 12, 2021, are substantial dates in the fight against coronavirus by the European Union. This is due to the fact that the European Medicines Agency (EMA for its acronym in English and based in Amsterdam), has set for those dates - tentatively - the authorization and dist...

That one software does the same as another is not plagiarizing, it is inspiring

Before collecting the car keys, the client usually waits for an approximate time that he knows from the moment he leaves with the purchase contract already signed from the dealer. Precision in vehicle delivery times is possible thanks to the fact that automotive companies usually have an internal pl...

Four months in prison for repeatedly refusing to wear the mask

The jail sentence imposed has been suspended on the condition that the offender does not commit a crime within two years. The head of the investigating court number 3 of Pamplona has sentenced a man to four months in prison, for a crime of disobedience, who on the 24th was arrested by the Provinci...

The Supreme Court declares a work accident a heart attack suffered during the sandwich break

The Supreme Court has recognized as a work accident, and not as a common disease, the sudden heart attack suffered by an employee during the so-called "sandwich break", as it is included within the working day according to the agreement of the company for which worked.The ruling of the Social Chambe...

Opamianto, the brand that promotes Oria, Pajares & Asociados, manages claims from people affected by asbestos throughout Spain

At the level of judicial rulings, a judgment of the Superior Court of Justice of Madrid (TSJM) stands out that condemned a company to pay 700,000 euros to the family of a deceased by asbestos. Photo: EP.Luis Javier Sánchez | 02 October, 2020Opamianto is a Spanish law firm that has been in cla...

Evolution of bankruptcy proceedings in Spain

REFOR draws up tables showing the evolution of bankruptcies in Spain.   The Registry of Forensic Economists-General Council has carried out a study on bankruptcies by comparing data from the National Institute of Statistics from 2004 to 2019 and with them has drawn up some tables where it...

More than 100,000 euros in compensation to the family of an asbestos victim

The appeal filed by the Zaragoza City Council was dismissed, confirming the compensation of 110,000 euros to the family of a plumber affected by asbestos.The Administrative Litigation Chamber of the Superior Court of Justice of Aragon has just handed down a ruling confirming the one previously hande...

Spain will hold a ceremony for the victims of Covid-19

The event is scheduled to take place on July 16 and will be attended by senior representatives of the European Union and WHO.The President of the Spanish Government, Pedro Sánchez, announced this Wednesday that the State ceremony will take place in the country on July 16 in tribute to the vic...

The COVID-19 pandemic leaves more than 26,000 cases and 385 deaths among medical personnel in Mexico

Mexican health authorities have reported this Tuesday that there have been 26,666 cases of coronavirus and 385 deaths among the country's medical and health personnel since the health crisis broke out more than two months ago.The head of Epidemiology, José Luis Alomía, has detailed tha...

Elmiron Lawsuits

At the 2019 meeting of the American Academy of Ophthalmology, research was presented showing that Elmiron (pentosan polysulfate sodium), used for long-term treatment of a rare urinary disorder, interstitial cystitis, may cause a degenerative eye disorder. A unique type of ocular damage, pigmentary m...

Spain decrees 10 days of mourning for victims of Covid-19

The country has begun de-escalation of the measures applied during the pandemic. For this reason, the authorities have decided to honor those who died from the disease.The Spanish Government arranged 10 days of mourning for the entire country to honor the lives claimed by the new coronavirus, accord...

WHO warns that the coronavirus may never go away

When scientists understood that the coronavirus was a serious threat to humanity, they tried to make every effort to prevent it from becoming an endemic disease that seasonally shook the world population. In other words, the objective was to make it disappear and not to add to the list of diseases o...

Denying boarding a passenger for having an inappropriate travel document does not remove their legal protection

The European court emphasizes in its ruling that the airline cannot make the decision and that it will be the competent jurisdiction that will be able to assess whether or not the refusal to board is justified or not.In September 2015, the airline Blue Air denied the boarding of a Kazakh citizen to ...

The Supreme Court annuls by "abusive" a clause that fixed a commission of 30 euros for overdrafts

The civil court of the Supreme Court has annulled for abusive a clause of Kutxabank that established a commission of 30 euros for claiming overdue or overdue debtor positions.The ruling gives the reason for a class action filed by the Uribe Kosta association of Consumers and Users 'Urkoa' (currently...

Can a company invoke a

The outbreak of the "corona (Covid-19)" virus in China and later in other countries, including the European Union, has resulted in government measures to contain the virus. These measures range from restrictions on the movement of people and goods to the closure of factories and transport centers (p...

€ 60,000 fine for preventing a labor inspection

The National Court imposes a penalty on a senior center because its manager interrupted an inspector's interviews with employees.What was going to be a routine labor inspection became the trigger for a battle in court. The constant interruptions of the manager of a nursing home to a social security ...

Fine of 9.5 million euros to a German telecommunications company for providing customer data

A German telecommunications firm is sanctioned with a fine of 9.5 million euros by the Federal Commissioner for Data Protection of its country for openly offering information from its customers. A fact that violates European regulations on data protection, in force since 2018.New millionaire fine fo...

18,000 euros in compensation for tripping over a sidewalk tile

The City Council of Vigo admitted its responsibility in the accident but the affected one brought the administration to trial by not being satisfied with the amounts of the compensation, a process that ended up winning. The state of the pavement of the streets can turn a night walk into a visit to ...