Litigación y Arbitraje
When is there a right - and when not - to receive compensation for damages due to an infringement of data protection legislation according to the CJEU?
The breach of data protection legislation can lead not just to penalties from the competent authorities, but also to the obligation to compensate the data subjects for the damages sustained. The Court of Justice of the European Union (CJEU) has recently ruled on the subject, creating case law regarding the requirements and limits of civil liability in this area. In this article we will analyze the criteria offered to date by the CJEU.The Supreme Court states that the existence of lingering effect resulting from a cartel is possible, but the plaintiff must prove it
In a new judgment in the truck cartel litigation, the Spanish Supreme Court analyses for the first time the possible existence of a "lingering effect" arising from a collusive conduct, and declares that although it is theoretically possible, its existence cannot be presumed, but must be proven by the plaintiff.Karen Werner joins Garrigues as partner to head the Dispute Resolution practice in Chile
Garrigues brings Karen Werner on board in Santiago de Chile as partner in charge of the Dispute Resolution: Litigation and Arbitration practice. Her appointment is pending ratification by the next Garrigues Partners’ Meeting.The CJEU rejects the parent company's right to claim damages suffered by its subsidiaries in other countries before the courts of its registered office
A judgment of the CJEU concludes that, in claims for damages caused by infringement of competition law, it is not possible to rely on the principle of economic unity to interpret the forum of the "place where the harmful event occurred" as being the place where the parent company has its registered office when the affected parties are subsidiaries located in other Member States.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.Criminal proceedings and the right to be forgotten: until when can the personal data of convicted persons be published?
A person involved in criminal proceedings may acquire what has come to be known as "supervening notoriety" and have to accept that his or her identity will be disseminated. However, after a number of years, the question arises as to the possible removal of this negative informationTruck cartel: the Supreme Court assesses (and rejects) an expert report submitted in hundreds of legal proceedings that has led to contradictory rulings by different courts
In a new batch of judgments, the High Court confirms its doctrine in relation to the judicial estimation of the damage in this type of claims, extending it now to a series of cases which were accompanied by a specific expert report which, although more sophisticated than those provided by the plaintiffs in the cases analyzed by the Supreme Court in its judgments relating to the so-called first wave, is still insufficient to accredit the amount of the damage.Climate change reaches the civil courts: what types of legal action can companies face?
Increasingly, the courts are becoming a new scenario for the fight against climate change. We analyze the growing number of claims being brought against private entities related to the environment, together with the different types of action that claimants are taking.