Spain

Garrigues

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  • Countdown for traveler registration by tourism companies: key points and privacy challenges of the regulation

    It is expected that, from December 2, Royal Decree 933/2021 will be fully applicable, which obliges lodging and vehicle rental companies, as well as tour operators and digital platforms acting as intermediaries in these activities, to document and transmit their clients’ data to the authorities. This regulation presents certain challenges from a privacy perspective.
  • First State and Autonomous Community tax measures to support those affected by the DANA (and others that could be considered)

    The State and Autonomous Community governments affected by the DANA that occurred between 28 October and 4 November 2024 have approved various tax measures aimed at alleviating the economic costs and formal obligations of those affected in these first months. We review the main measures already approved and propose others that could be considered.
  • Spain: The Supreme Court declares that a prior hearing is necessary in disciplinary dismissals

    The Court considers that this is an obligation arising from Article 7 of Convention No. 158 of the International Labour Organisation which must be applied to new dismissals.
  • Vade mecum of the main paid leaves in Spain

    What kind of leave can employees take? How? When? In this post we present a basic guide to the main paid leaves regulated in the Workers’ Statute. These leaves can be developed, extended or enhanced through the collective bargaining agreement applicable to each company.
  • DANA: These are the new labor measures in Royal Decree-Law 7/2024

    The new Royal Decree-Law approved by the Government includes new measures on health protection, non-recoverable paid leave, teleworking and temporary suspension measures, among others.
  • Rejection of the trademark registration “Insomnia Energy” following the application for a declaration of invalidity filed by Monster Energy Co.

    Last October 23, the General Court of the European Union refused the figurative trademark registration “Insomnia Energy” on the grounds that the proprietor – BBF Company EOOD – was taking unfair advantage of the reputation of the mark “Monster Energy”, owned by Monster Energy Co.
  • Garrigues’ Equal Opportunity Employer certification extended a second time by the Ministry of Equality

    Garrigues has held this certification since 2017. It obtained the first extension in 2021, for a three-year term, and has now obtained the second in 2024, for five years. 
  • Parity clauses between hotel reservation platforms and hotel establishments are not “ancillary restraints”

    The Court of Justice of the European Union (CJEU) has ruled on price parity clauses in contracts between an important hotel reservation platform and hotel establishments. The CJEU has determined that these clauses must be analyzed under the rules on anticompetitive agreements as they cannot be qualified as “ancillary restraints” since they are not strictly necessary to ensure the viability of the economic activity of the said reservation platform.
  • The company can recover the compensation paid for a post-contractual non-compete agreement declared null

    When a post-contractual non-compete agreement is declared null because it does not comply with the legally established requirements, the company can, in certain cases, recover the amounts paid to the employee as consideration, because the cause that justifies it disappears.
  • DANA: These are the urgent labor measures in response to the damages caused by the storm

    The Government has approved a royal decree-law that includes measures such as exemptions in Social Security contributions, deferrals and moratoriums in the payment of quotas, suspension of collection procedures, and the exceptional consideration of temporary incapacity due to an accident at work for the purposes of the temporary incapacity benefit, among others.