European Union

  • Cross-border bank mergers in Europe (I): Why are they not here yet?

    There has been much talk about cross-border bank mergers in Europe, but so far none have happened or appear to be imminent. A few years ago Garrigues recommended that banks watch out for them in the future. Now the European supervisors are calling for them to be carried out and even trying to make them easier. But for the time being the bank concentration process is still taking place within each member state. This is currently being seen in Italy, with the acquisition of UBI Banca by Intesa Sanpaolo, and in Spain, with the merger of Caixabank and Bankia. It is not happening across borders. In this series of three articles we will try to identify and reflect on a number of legal factors that may partly explain this situation.
  • The CJEU does not require to disclosing users’ IP addresses

  • The Court of Justice of the European Union invalidates the Privacy Shield

    The Privacy Shield is the framework that permitted international data transfers between Europe and the United States; its invalidation will cause chaos in commercial relations between the EU and the US.
  • The EGC refuses to register the trademark "XOXO" (hugs and kisses)

    The General Court of the European Union has refused the registration of the trademark "XOXO", considering that it does not fulfill the function of identifying the business origin because it has a merely promotional meaning: love and affection.
  • Spanish commercial court submits request for preliminary ruling to the CJEU on local territorial jurisdiction for damages action stemming from breach of competition law

    The CJEU will have to rule on whether it is EU law or national law that determines which jurisdiction applies domestically to hear damages action. The question is inscribed in the case commonly referred to as the trucks cartel.
  • COVID-19: The European Commission expands the Temporary Framework to allow authorization of state aid in the form of recapitalization and subordinated debt measures

    On May 8, 2020 the European Commission announced a second amendment to the Temporary Framework adopted on March 19, 2020, amended for the first time on April 3, 2020, in which the framework is extended to allow aid to be authorized in the form of recapitalization or subordinated debt to any non-financial companies in need.
  • COVID-19: European Commission extends and adds flexibility to temporary framework for authorization of state aid

    On April 3, 2020 the European Commission announced  the adoption of an amendment extending and adding flexibility to the Temporary Framework adopted on March 19, 2020 to enable Member States to give State aid for research, testing and production of coronavirus related products, and also to grant greater volumes of aid in under the categories already allowed in under the original Temporary Framework.  
  • COVID-19: European Commission adopts temporary framework to authorize State aid

    On March 19, 2020, the European Commission issued a communication setting out a Temporary Framework that provides for more flexible and quicker authorization of State aid granted to support the economy in the current COVID-19 outbreak. The Temporary Framework is based on article 107(3)(b) of the Treaty on the Functioning of the European Union (TFEU), which makes it possible to authorize aid intended to remedy a serious disturbance in the economy of a Member State.
  • COVID-19: Spanish and European Union Intellectual Property Offices announce extension of deadlines

    Royal Decree No. 463/2020 declaring a state of alert in Spain to manage the COVID-19 public health crisis was published on March 14, 2020. Among other measures designed to respond to the outbreak and alleviate its consequences, all court and administrative time limits have been suspended for fifteen natural days (i.e. until March 29, 2020). This period, however, may be extended if necessary.
  • Spain introduces changes to VAT on intra-Community trade

    Spain has adapted its VAT law to the EU legislation seeking to simplify and harmonize trading in goods within the EU.