Directors’ duties and liabilities have always been at the forefront of corporate governance. It has become a hot topic in the wake of new regulations in the field of sustainability, which directly impact directors’...more
12/6/2023
/ Best Practices ,
Board of Directors ,
Corporate Governance ,
Corporate Liability ,
Corporate Management ,
Corporate Social Responsibility ,
Diversity ,
Duties & Responsibilities ,
Duty of Care ,
Environmental Social & Governance (ESG) ,
EU ,
Foreign Jurisdictions ,
New Regulations ,
Popular ,
Shareholders ,
Surveys ,
Sustainability
Royal Decree 463/2020 (Covid-19 Spanish RD), came into force on Saturday 14 March 2020 and will initially be in force until 28 March 2020 (subject to extensions, which are very likely to take place)....more
Today it has been published in the Spanish Official Gazette (Boletín Oficial del Estado) Royal decree-law 8/2020, dated 17 March, on urgent and extraordinary measures to fight social and economic impact of Covid-19...more
The ECJ issued yesterday its judgement in connection with case C-125/18 regarding the potential abusive nature of a clause governing a floating interest rate indexed to the Mortgage Loan Reference Index (IRPH) included in a...more
On 4 March 2020, the Spanish Supreme Court issued a ruling that partially reviews its previous position regarding the usurious interest rates for revolving credit cards. In particular, in judgement 149/2020, the Supreme Court...more
On 11 September, the Spanish Supreme Court, in a plenary meeting, has issued ruling number 463/2019, stating its criteria on the effects of nullity of early termination clauses included in consumer mortgage loan agreements....more
General background of the dispute in the main proceeding -
In the context of a claim of a consumer against a Spanish bank regarding the potential unfair nature of a IRPH indexed floating interest rate clause, the First...more
On 21 February 2019, the Spanish Congress passed the Act 5/2019, regulating real estate credit (the Act), after a long and "tortuous" legislative process. The final text of the Act has been published in the Spanish Official...more
Financial players in the distressed market in Spain are commonly using the LMA sub-participation agreement. However, “sub-participation” is not a concept that has been traditionally recognised under Spanish law. This has...more