Borja Ramos on the struggle of elite lawyers to come out | Cinco Días

Recognition of UK restructuring plans remains a contentious issue in the European Union. This decision by the Frankfurt am Main Regional Court is controversial, but it raises questions about the consequences of the application of the rule in Gibbs by the courts of England and Wales in this context.

The newsletter covers the main developments in Pharma & Healthcare legislation and case law.

When a serious irregularity is found in administrative contracts owing to their employment character, jurisdiction lies with the employment branch of the court system. However, if the administrative route is not outside the scope of the law, jurisdiction lies with the judicial review branch of the court system.

The Court of Justice of the European Union (Fifth Chamber), in its judgment of 27 November 2025 (Case C-567/24, Svema Trade), concerning the equitable price in a squeeze-out requiring minority shareholders to sell their shares to an offeror who, following a mandatory takeover bid, has acquired more than 90% of the capital carrying voting rights in the company subject of the takeover bid, states that the presumption that the price offered in the bid, in the context of such a squeeze-out of holders of securities, is equitable is rebuttable.

Despite classifying the association as a commercial relationship and not an employment relationship, compensation amounts for termination of contract are allowed if they match those accepted by the insolvency practitioners, just as remuneration amounts are allowed if said practitioners had decided to accept remuneration in some months but not in others.

The CJEU clarifies two important issues regarding the application of the Rome II Regulation: the scope of the exception relating to corporate matters and the determination of the place of damage in the case of games of chance offered via the internet from one Member State in another Member State without the licence required in the latter Member State.

The clause agreed upon must comply, for greater certainty, with the provisions of the new judicial enforcement procedure. It will be necessary to agree on an appraised value, which is not required in Article 1872 CC, because otherwise the award would be similar to a ‘forfeiture proviso’ (pactum commissorium), which the Civil Code neutralised with the drastic imposition of extinguishment of the debt in its entirety.

Summary of legislative and jurisprudential developments relating to the automotive sector.

Act 10/2025 amends Act 44/2002 and requires the updating of regulations for customer services. It comes into force on 28/12/2025, with a twelve-month adaptation period. It enhances accessibility and personalised assistance; it prohibits answering machines and call forwarding from toll-free numbers to paid lines. It requires the separation of customer services from commercial functions and specialised staff training, including assistance to vulnerable groups. It also expands customer information, prohibits complaints by telephone and allows co-official languages. It also establishes acknowledgement with an identification code and new grounds for non-acceptance; sets a deadline of one month for resolving complaints to customer services and ninety days for complaints to the Directorate-General for Insurance and Pension Funds, and specifies the requirements for acceptance.