Mercantil
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: Any companies that apply for ERTE temporary layoff procedures due to force majeure and distribute dividends could lose their rights to relief from social security contributions
Royal Decree-Law 18/2020 determines that the distribution of dividends at companies applying for the special ERTE temporary layoff procedures can make them lose their rights to exemption from social security contributions and states that this measure will not be taken into account for the purpose of exercising the right to withdrawal of shareholders under article 348 bis 1 of the Capital Companies Law.COVID-19: Terms and conditions determined for third tranche of ICO guarantee facilities
El pasado 9 de mayo de 2020 el BOE recogió la Resolución de 6 de mayo de 2020, de la Secretaría de Estado de Economía y Apoyo a la Empresa, por la que se publicó el Acuerdo del Consejo de Ministros de 5 de mayo de 2020 que estableció los términos y condiciones del tercer tramo de la línea de avales a préstamos concedidos a empresas y autónomos, a los pagarés incorporados al Mercado Alternativo de Renta Fija (MARF) y a los reavales concedidos por la Compañía Española de Reafianzamiento, SME, Sociedad Anónima (CERSA).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.The special regime on winding up and the right to withdrawal at companies is adapted to COVID-19
During the state of emergency, various pieces of legislation have been published which affect the corporate bodies of companies. Some of the key new provisions affect matters relating to winding up and shareholders’ right of withdrawal.COVID-19: Possible legal actions regarding the measures set forth by ruling of the National Center for Energy Control due to the health contingency
Under the argument that the Covid19 outbreak has resulted in the reduction of electric energy consumption by end users in Mexico and, therefore, the reliability of power supply should be strengthened, the National Center for Energy Control (CENACE) issued a ruling in connection with the Market Information System on May 1 dated April 29, pursuant to which it decrees the technical measures to be followed to guarantee the efficiency, quality, reliability, continuity and security of the National Electric System (SEN). In the face of these actions, companies can consider some legal actions.Reinforced controls on exports of defense material and other material where this is required by the sensitivity of the transaction and national interests
Royal Decree 494/2020, of April 28, 2020, amends the system of control of foreign trade and, among other measures, provides the Inter-ministerial Regulatory Board on Foreign Trade in Defense and Dual Use Goods (JIMDDU) with greater functions, having the authority also to establish, on an exceptional basis, mechanisms for verification, monitoring and cooperation in relation to goods exported in certain transactions even with the involvement of the government of the importing country.COVID-19: Companies’ corporate bodies adjust to a new exceptional regime
The various pieces of legislation published during the state of emergency, together with statements by registrars and by the CNMV, have created a new exceptional regime governing the corporate bodies of commercial companies, which makes it necessary to structure this new legislation, by summarizing the measures and their implications depending on the body concerned and making a distinction between listed and unlisted companies.