Litigación y Arbitraje
CJEU: a parent company may, 'a priori', be sued in its country for competition infringements committed by its subsidiaries in other Member States
In a relevant judgment on the application of competition law at the European level, the CJEU confirms that, in competition matters, the "presumption of decisive influence" of a parent company over its subsidiary in competition matters allows, in the context of a follow-on action, both entities to be jointly sued in the Member State where the parent company is established.The CJEU establishes the limits that a Member State cannot cross by restricting those damaged by an antitrust infringement from giving up their right to be compensated
In a recent judgment, the CJEU establishes that a national rule that prevents those damaged by an antitrust infringement from assigning their right to compensation would be contrary to Articles 101 of the TFEU and 47 of the Charter of Rights of the European Union when: (i) the law of that State does not provide for other possibilities of grouping the individual claims of those damaged by an infringement of competition; and (ii) the exercise of individual actions for damages by the damaged parties is impossible or excessively difficult.Spain: Twenty new features of electronic judicial auctions in the Organic Law on efficiency measures in the public justice system
The new regulation contains major new provisions for electronic auctions applying to proceedings commencing on or after April 3, 2025. We have drawn up a table summarizing the twenty key changes to bear in mind.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 information