Íñigo Igartua on the merger of Orange and Másmovil | El Confidencial

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

A flawed judgment on a problem that has remained unresolved to date in the truck cartel. The issue is not whether the liability-in-solidum regime applies, but whether co-liable parties can raise personal defences.

The Supreme Court and the Madrid Provincial Court, following established legal doctrine, have reiterated that a party to a unanimous shareholders’ agreement acts in bad faith if he or she challenges a company resolution passed in compliance with said shareholders’ agreement. In this case, the shareholders’ agreement provided for the possibility of paying dividends in kind, and the contested resolution — which was passed by a majority at the shareholders’ meeting — transferred certain real estate properties to one of the shareholders (with his consent) in payment of the dividend due to him.

An action for declaration of invalidity of an agreement can almost always be brought, even if the agreement has been performed and terminated.

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

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

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

The Court of Justice ruling of 4 September 2025 (C-225/22) has declared that national courts may set aside decisions of higher courts that do not comply with the requirements of independence and impartiality derived from Article 19(1) of the Treaty on European Union and Article 47 of the Charter of Fundamental Rights of the European Union.

The Agreement on the interpretation and application of the Energy Charter Treaty gives the force and effect of law to the case law of the Court of Justice of the European Union, according to which Article 26 of the Energy Charter Treaty does not and could not apply as a legal basis for intra-EU arbitration proceedings as a mechanism for the settlement of disputes between a contracting State and an investor of another contracting State.