Garrigues Sustainable Newsletter - April 2024
In this newsletter we compile the most relevant legal news on ESG matters in Spain, published by Garrigues and G-advisory.
Debunking ‘green sheen’: the new rules on environmental claims
La nueva Directiva europea sobre ‘greenwashing’ o blanqueo ecológico busca acabar con la ecoimpostura y la obsolescencia temprana. La mayoría de las obligaciones que establece ya son sancionables a través de las normas existentes en materia de competencia desleal. Sin embargo, la nueva normativa europea suple algunas lagunas legales.
The drinks packaging industry and a tsunami of ESG rules and regulations
En una nueva edición de Los diálogos de Garrigues Sostenible abordamos el contexto cambiante y de enorme complejidad que afronta el sector ante las recientes medidas aprobadas en materia de residuos para seguir avanzando hacia una economía más circular y medioambientalmente sostenible.
European Parliament gives green light to Directive on Corporate Sustainability Due Diligence
The directive regulates companies’ obligations relating to actual and potential adverse human rights and environmental impacts, liability for breaching such obligations and the requirement that companies adopt and put into effect a transition plan to mitigate climate change.
The European Court of Human Rights rules against a country (Switzerland) for the first time for not adopting the necessary measures to meet its climate goals
En una sentencia que marca un precedente muy importante para la litigación climática, concluye que la inacción estatal violó el Convenio Europeo de Derechos Humanos.
Legal news
This new regulation, which is part of the Circular Economy Action Plan, seeks to foster more sustainable consumer habits and business models.
Regulation prohibiting products made with forced labor from entering the EU market approved
The European Commission will set up a database of specific geographic areas or products where there is a risk of forced labor.
In a recent binding ruling, the DGT has relaxed its position and allowed environmental credits to be claimed within the maximum application period of 15 years, even where the investments were made in years that have already been inspected.
The European Directive on 'greenwashing'came into effect on March 26
The new regulation, which increases the information and protection that companies must provide to consumers against practices such as 'greenwashing' and early obsolescence, completes its processing with the publication in the Official Journal of the European Union.
The new Galician Food Quality Law introduces new obligations for the sector
The new law adds obligations for operators, extends the document retention period, and establishes a voluntary sustainability certification system. Additionally, it regulates geographical designations and protective figures, updates regulatory councils, and addresses official control and penalties, prioritizing food quality and safety in the autonomous community.
Trends
Moving towards harmonized Corporate Income Tax in the European Union: will it be third time lucky?
The BEFIT Directive will be compulsory for groups whose consolidated revenues, for at least two of the preceding four years, have reached 750 million euros. It regulates in detail, among other aspects, the manner of determining the common tax base and its distribution between the different entities.
The use of artificial intelligence raises some challenges for labor relations
Technological developments have promoted the emergence of solutions based on artificial intelligence (AI), with an infinity of possible applications in many different areas, including labor relations. The use of AI in this area raises several questions from a legal and human resources perspective, from the specific issues in which these tools may be useful to the limits and requirements that their use must meet not to collide with employees’ rights.
Family co-responsibility, key element to equal opportunities for men and women at the workplace
Co-responsibility is the equal sharing of household chores and family responsibilities between men and women. The latest legislative reforms on equality in the workplace (and the interpretation of judicial bodies) are inspired by this concept, seeking to ensure that men and women enjoy equally measures related to family care. The aim: ensuring that women’s professional careers are not more affected than men’s by absences due to such care.
Latin America
Peru approves Law No. 31992, Green Hydrogen Promotion Law
On March 23, Law No. 31992, the Green Hydrogen Promotion Law, was published, aiming to provide a regulatory framework that includes the necessary measures to be implemented in order to promote the development and growth of an industry that allows the use of green hydrogen as fuel and as an energy vector.
Mexico reinstates conditions for Clean Energy Certificates (CELs)
This encourages investment in power generation plants through clean energy and achieves higher profitability in the commercialization of CELs.
Electric car charging stations: key to the electromobility success in Mexico
The rise of electric vehicles will make it necessary to have at least 38,000 electric vehicle charging stations in Mexico in the next 20 years, according to experts. In this context, we take a look at the current legal framework for installing and operating electric car filling stations in the country.
Garrigues Sustainable
The Integra Foundation gives Garrigues one of its 2024 Volunteering Awards
The Integra Foundation has once again recognized Garrigues’ commitment, giving us one of its 2024 Volunteering Awards. It is a very special recognition dedicated to all the Firm’s volunteers who have participated in the workshops helping individuals at risk of social exclusion to recover the confidence they need to, among other things, get a job.
Garrigues surpasses 450 million euros in revenue with sustainability as part of its strategy
2023 was a key year for Garrigues in strategic aspects such as sustainability. The launch of the 2023-2025 Sustainability Plan, which embeds ESG considerations into all areas of the firm’s activity, marked a major milestone.
Garrigues is once again among the 100 most attractive employers in Spain, according to the Merco Talento ranking published this morning. We are in 46th place in the 2023 ranking and remain in the number one spot in the “Lawyers” category.
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