Royal Decree-Law 5/2023 of 28 June 2023: the cure is ‘better’ than the disease | El Confidencial

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.

In preparation for the Alimentaria and Hostelco 2026 trade fairs, the Commercial Section of the Barcelona First Instance Court has approved a rapid response protocol to deal promptly with any potential conflicts relating to intellectual and industrial property rights (patents,trademarks, designs, and copyright), as well as trade secrets and unfair competition issues that may arise during these events.

During the transitional period of the Agreement on a Unified Patent Court, national courts retain jurisdiction to hear cases concerning classic European patents, without the need for the proprietor to have exercised the opt-out option, i.e. without the need to have excluded the jurisdiction of the Unified Patent Court over such patents. However, the Venice Court ruling discussed here considers that national courts may only be used if the opt-out has been exercised, contradicting the provisions of Article 83 of the Agreement.

Royal Legislative Decree 1/2015, of 24 July, approving the recast version of the Medicinal Products and Medical Devices (Guarantees and Rational Use) Act, prohibits healthcare professionals with prescribing powers from having a direct pecuniary interest in activities related to medicines. This prohibition does not extend to indirect interests, as distinguished in Article 4 of said legislative decree. Judgment no. 483/2025 of the High Court of Justice of the Basque Country concludes that mere membership of a group of companies does not entail incompatibility if each entity retains real autonomy.