Restructuring and Insolvency Work Newsletter - May 2014

Amongst those topics, one shall find: the effects of the new “pre-concurso” established by Royal Decree-Law 4/2014, the proper treatment of the assignment of future claims, the classification of claims resulting from leasing contracts, groups of companies and the “lifting of the veil”, the “concurso express”, the loss of voting rights due to acquisition of pre-petition claims, the claw-back actions of corporate transactions such as division of companies, the claw-back actions of concurrent guarantees, the suspension of the effectiveness of creditors agreements, the notion of “de facto directors”, the acquisition of production units, the accumulation of insolvency proceedings of a group of companies and the “substantive consolidation”, precautionary measures against the risk of the breaching of a creditors agreement and the lifting and cancellation of the liens of assets subject to an insolvency proceedings.

This compilation of case law is completed by an explanation of the composition of the negotiating body within Layoff Plans in the context of an insolvency proceedings and the latest Recommendation of the European Commission for Member States to set-up preventive mechanisms against insolvency.

Coinciding with this release, we are proud to know that our practice of Restructuring and Insolvency has been ranked for the sixth consecutive year in the top position (Band 1) of the most prestigious European and international law directories (Chambers Global, Chambers Europe, Legal 500).

INDEX

I. New Legislation

1. Law 1/2014, of February 28, 2014 for the protection of part-time workers and other urgent economic and welfare measures

2. Commission recommendation, of March 12, 2014, on a new approach to business failure and insolvency

II. Case Commentaries

III. Headnotes

1. Supreme Court

• 1.1 Judgment dated February 12, 2013 rendered by Chamber I of the Supreme Court
• 1.2 Judgment dated February 19, 2013 rendered by Chamber I of the Supreme Court
• 1.3 Judgment dated November 6, 2013 rendered by Chamber I of the Supreme Court
• 1.4 Judgment dated December 4, 2013 rendered by Chamber I of the Supreme Court
• 1.5 Judgment dated February 11, 2014 rendered by Chamber I of the Supreme Court
• 1.6 Judgment dated February 25, 2014 rendered by Chamber I of the Supreme Court
• 1.7 Judgment dated February 28, 2014 rendered by Chamber I of the Supreme Court
• 1.8 Judgment dated March 17, 2014 rendered by Chamber I of the Supreme Court
• 1.9 Judgment dated March 25, 2014 rendered by Chamber I of the Supreme Court
• 1.10 Judgment dated April 1, 2014 rendered by Chamber I of the Supreme Court
• 1.11 Judgment dated March 27, 2014 rendered by Chamber I of the Supreme Court

2. Provincial Appellate Courts

• 2.1 Judgment dated October 17, 2013 rendered by Girona Provincial Appellate Court
• 2.2 Judgment dated October 29 rendered by Las Palmas Provincial Appellate Court
• 2.3 Judgment dated December 16, 2013 rendered by Zaragoza Provincial Appellate Court
• 2.4 Judgment dated December 20, 2013 rendered by Burgos Provincial Appellate Court
• 2.5 Decision dated January 17, 2014 rendered by Madrid Provincial Appellate Court
• 2.6 Judgment dated January 17, 2014 rendered by Castellón Provincial Appellate Court
• 2.7 Judgment dated February 3, 2014 rendered by A Coruña Provincial Appellate Court
• 2.8 Decision dated March 3, 2014 rendered by Madrid Provincial Appellate Court

3. Commercial Courts

• 3.1 Decision dated April 16, 2013 rendered by Málaga Commercial Court No. 1
• 3.2 Decision dated May 10, 2013 rendered by Málaga Commercial Court No. 2
• 3.3 Decision dated May 22, 2013 rendered by Madrid Commercial Court No. 11
• 3.4 Judgment dated December 3, 2013 rendered by Oviedo Commercial Court No. 3
• 3.5 Judgment dated December 3, 2013 rendered by Oviedo Commercial Court No. 3
• 3.6 Decision dated December 11, 2013 rendered by A Coruña Commercial Court No. 2
• 3.7 Decision proposing reference for a preliminary ruling dated December 11, 2013 to the European Court of Justice from Barcelona Commercial Court No. 3
• 3.8 Decision dated January 10, 2014 rendered by Cádiz Commercial Court No. 1
• 3.9 Decision dated January 10, 2014 rendered by Madrid Commercial Court No. 10
• 3.10 Decision dated January 15, 2014 rendered by Oviedo Commercial Court No. 3
• 3.11 Decision dated January 30, 2014 rendered by Madrid Commercial Court No. 8
• 3.12 Decision dated January 31, 2014 rendered by Oviedo Commercial Court No. 3
• 3.13 Decision dated February 12, 2014 rendered by Toledo Court of First Instance and Examination No. 1 and Commercial Court
• 3.14 Decision dated February 13, 2014 rendered by Madrid Commercial Court No. 9
• 3.15 Judgment dated February 25, 2014 rendered by Granada Commercial Court No. 1
• 3.16 Judgment dated February 28, 2014 rendered by Oviedo Commercial Court No. 3
• 3.17 Decision dated on March 4, 2014 rendered by Madrid Commercial Court no. 9
• 3.18 Judgment dated March 13, 2014 rendered by A Coruña Commercial Court No. 1
• 3.19 Decision dated on March 20, 2014 rendered by Pontevedra Commercial Court no. 1
• 3.20 Decision dated April 1, 2014 rendered by Barcelona Commercial Court No. 7
• 3.21 Judgment dated April 23, 2014 rendered by Barcelona Commercial Court No. 9

4. Courts of First Instance

• 4.1 Decision dated December 17, 2013 rendered by Seville Court of First Instance No. 19

5. Directorate-General of Registers and the Notarial Profession

• 5.1 Decision of the Directorate-General of Registers and the Notarial Profession dated January 20, 2014
• 5.2 Decision of the Directorate-General of Registers and the Notarial Profession dated February 12, 2014
• 5.3 Decision of the Directorate-General of Registers and the Notarial Profession dated March 12, 2014

IV. Awards and Accolades

V. Garrigues Publications