Spain
The urban legend of the ‘digital nomad’
Legend has it that in Spain there are ‘digital nomads’ who can work from here for foreign companies from outside the European Union. But this legend does not explain what employment legislation is applicable and what social security system covers them. We will see below that there is no regulatory answer to these doubts because Spain has only regulated a visa and a residence permit.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.When a lack of technical legal rigor turns out expensive: patent invalidation and legal costs due to recklessness in the FREENOW case
Besides invalidation of the patent, the lack of a legal basis in patent infringement and invalidity claims can also result in an order to pay costs due to recklessness. The judgments in the FREENOW case reaffirm the need for an exhaustive and well-reasoned analysis in intellectual property lawsuits and serve as a reminder that abuse of the system can carry major consequences.Timeshare: this is how the legislation has changed in 2025
Organic Law 1/2025 of January 2, 2025, on efficiency in the public justice system, has amended the timeshare regulations to increase legal certainty. The changes concern both the defined rights and action for invalidity by purchasers of the assets.The European Commission withdraws the Proposal for a Regulation on Standard Essential Patents (SEPs) and FRAND Licenses
The objective of this proposal was to facilitate the licensing of SEPs under fair, reasonable and non-discriminatory conditions. One of the key initiatives was the establishment of a mandatory conciliation procedure at the EUIPO, based in Alicante.The Spanish rules on withholding taxes on dividends paid to foreign shareholders are contrary to EU law
According to the Court of Justice of the European Union, the Biscayan rules on non-resident income tax grant different treatment to withholdings borne by national shareholders as compared with those borne by non-resident shareholders, which is contrary to the Treaty on the Functioning of the European Union.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.‘Riders’ law’ and platform work directive: challenges ahead
On November 11, 2024, Directive (EU) 2024/2831 of the European Parliament and of the Council of 23 October 2024 on improving working conditions in platform work was published in the Official Journal of the European Union (OJEU). Its transposition by the Member States (which deadline is December 2, 2026) will bring with it new and important obligations for digital platforms.