Nuno de Oliveira Garcia and Maria Mourão Lima Ferreira on the announcement of the excess profits tax for the distribution sector | Observador

The Judgment of the Court of Justice of the European Union of 29 April 2025 addresses the modification of public contracts originally awarded to an in-house entity which, during performance of the contracts, has lost such status. The reference for a preliminary ruling was made in the context of a dispute concerning the extension of concession contracts relating to service facilities ancillary to motorways to include the construction, maintenance and operation of fast-charging infrastructure.

Royal Decree 214/2025 does not create a new register, as its title suggests, but rather keeps and expands the one in place since 2014. What is truly new is the obligation imposed on specific companies and public bodies to calculate their carbon footprint and to draw up greenhouse gas emission reduction plans, as well as to publish the same. The royal decree’s succinct wording raises some questions of interpretation.

Elucidating certain matters relating to the membership of the secured creditor class(es) in Book II of the Insolvency (Recast) Act.

The obligation to accommodate the workplace for persons with a permanent incapacity has come to the fore with such incapacity no longer constituting an automatic termination-of-employment-contract event. Now, unless the employee intends otherwise, the employer has three months to make necessary adjustments or to offer a suitable vacant post, and a failure to do so that is not justified on the grounds of excessive burden means not only a breach of law with all its consequences, but also the continuation of the employer/employee relationship with all its consequences.

Summary of legislative and case law developments in the automotive sector.

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

Supreme Court Judgment no. 5938/2024, which confirms its doctrine on the payment period and the accrual of late payment interest in public contracts, is examined. This doctrine, which establishes a general 60-day period, raises doubts as to its compatibility with Directive 2011/7/EU and with the CJEU’s case law.

Supreme Court Judgment no. 316/2025 marks a turning point in the intense litigation surrounding wind energy projects in Galicia. While confirming its doctrine on the public consultation procedure, the Supreme Court clarifies that the fact that several wind farms share evacuation infrastructure does not, in and of itself, establish the existence of a single project for environmental purposes, contrary to what was previously held by the Galician High Court of Justice.

The content of the Directive on credit servicers and credit purchasers, only of non-performing credit (NPC), has been transposed into Spanish law more than a year late. The Bill introduces the administrative regime for credit servicers and amends, among others, the Consumer Credit Act and the Real Estate Credit Agreements Act.