España
Landmark ruling on sovereign inmunity: the Central Santa Lucía vs. Meliá case
The Provincial Court of Palma de Mallorca has ruled out that Spanish courts can decide the proceedings between the US company Central Santa Lucía against Meliá Hotels International, the Republic of Cuba and the Cuban company Grupo de Turismo Gaviota. We review the lengthy legal proceedings that have ended in a favourable ruling for Meliá.Spain: The General Directorate of Taxes (DGT) clarifies that capital reductions with return of contributions have no impact on the capitalization reserve
En contra del criterio que venían manteniendo algunos tribunales económico-administrativo regionales y la DGT, se concluye ahora que, si las aportaciones a los fondos propios no se tienen en cuenta para computar el incremento de los fondos propios que da derecho a la aplicación del incentivo o para analizar si se cumple el requisito de mantenimiento, se debe dar el mismo tratamiento a las devoluciones de capital y repartos similares a los socios.Fighting against child labor in the world: Spanish companies’ obligations to eradicate it
On the World Day against Child Labor, we review the obligations that companies in Spain must comply with to eradicate child labor in the world. These measures translate into reporting duties on their own personnel and those of the companies in their value chain in terms of human rights, including child labor.The definition of ‘person with disability’ for the calculation of the 2% quota
The definition of the concept of ‘person with disability’ includes those who have been recognized permanent total disability (PTD), full permanent disability (FPD) or mayor invalidity (MI) pensions and pensioners of passive classes who have a retirement pension or retirement pension for permanent incapacity for service or futility. The latest regulatory changes and those expected would corroborate the possibility of these people being employed and, therefore, counting towards the 2% quota. However, the Supreme Court has just modified its doctrine to conclude otherwise in cases of FDP or MI.The European Council gives the green light to the directive on companies’ obligations in relation to the human rights and environmental impacts of their activities
At a Competitiveness Council meeting held on May 24, the European Council gave final approval to the corporate sustainability due diligence directive which lays down responsibilities for companies and requires them to adopt and implement a climate change transition plan.Finally approved the accumulation of lactation leave, the application priority of regional collective bargaining agreements and unemployment assistance protection
After the previous royal decree-law that introduced these novelties was not validated, which was derogated, Royal Decree-Law 2/2024 has been published, which approves them again with certain changes, such as the possibility of extending the application priority to provincial collective bargaining agreements.The memory of Pablo Escobar casts a shadow over Europe: EU trademarks as a reflection of moral principles
A recent judgment of the General Court of the European Union sheds light on the interpretation and application of the concepts of public policy and morality resulting from a trademark application for “Pablo Escobar”.