Spain

  • Acquired distinctiveness in trademarks: the secret is in the evidence

    Acquired distinctiveness is a powerful tool that enables a mark, that would otherwise fall short of the minimum distinctiveness threshold to be registrable as a trademark, to be protected as such. Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements to access the register, into a trademark worth its weight in gold in the market.

  • The economic activity of leasing in hotel SOCIMIS

    Recently, the General Directorate of Taxes has issued several binding resolutions reiterating that real estate leasing is an economic activity, even if its management is contracted with a third party, when the complexity of the activity justifies such outsourcing. This criterion is applicable, among others, to SOCIMIs dedicated to hotel leasing.

  • The EU sets out the basis for ESG ratings in finance

    A new regulation introduces the requirements to be met by ESG rating providers as well as the regulated financial undertakings using them and seeks to enhance their reliability and comparability.

  • The Supreme Court of Spain delimits the binding scope of the reasoned report for the R&D&I deduction

    The Supreme Court has confirmed that the reasoned reports are binding on the tax administration both in the classification of the activity and in the quantification of the basis for the deduction for tax years started before 2015. However, the issue is still open to discussion for deductions generated after that date, as pointed out in a recent ruling by the TEAC.

  • DANA: Paid leave for adverse weather events and other labour measures approved

    The new measures also include, among others, new obligations to inform workers' legal representatives of the activation of alerts due to disasters and other adverse meteorological phenomena and protocols for action in the event of disasters through collective bargaining.

  • Madrid approves an investment deduction for non-residents who become IRPF taxpayers in this autonomous community

    The deduction will amount to 20% of the acquisition value of certain assets and will require the maintenance of the investment and residence for several years.

  • The Lawyer recognizes Garrigues with the Iberian 'Law Firm of the Year' award

    Garrigues was recognised as Law Firm of the Year - Iberia by the British publication The Lawyer at its annual European awards ceremony (The Lawyer European Awards 2024).

  • Garrigues wins Mergermarket’s 'Iberia Legal Adviser of the Year' award

    The aim of these annual awards is to recognize in Europe the work of legal and financial advisors in the most high-profile deals of the year.

  • FESBAL honors Garrigues with the loyalty award at the 2024 Espiga de Oro ceremony

    The Spanish Federation of Food Banks (FESBAL) presented Garrigues with the 2024 loyalty award (Premio Fidelidad 2024) at the twenty-first edition of its Espiga de Oro awards “for its outstanding contribution and generous support to our institution”.

  • Turning point in the management of disciplinary dismissals after the Supreme Court has determined the need to hear the employee first

    In a recent ruling, the Supreme Court has changed its doctrine on the procedure for executing disciplinary dismissals. From now on, Spanish companies must hear the employees before notifying them of the disciplinary dismissal, except in cases in which the company cannot reasonably be required to do so.