Litigación y Arbitraje
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 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.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.Spanish Courts grant precautionary measures against FIFA and the Royal Spanish Football Federation regarding fee caps imposed on football agents
In a judicial proceeding under the legal direction of Garrigues, the Commercial Court No. 3 of Madrid has issued an interim injunction ordering FIFA to refrain from applying the cap on football agents’ fees introduced by a recent FIFA Regulation and the Royal Spanish Football Federation (RFEF) to refrain from incorporating this cap into its internal regulations.Spain: The clauses of a tender which result in an abuse of dominant position by a sports federation are null and void
In a judgment in which Garrigues acted as legal director, the Provincial Appeal Court of Madrid confirms that the clauses in the bidding conditions for soccer audiovisual rights that constitute an infringement of Articles 102 of the Treaty on the Functioning of the European Union (TFEU) and 2 of the Antitrust Law (LDC) are null and void, although this is not the legal consequence provided for in those provisions.