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Royal Decree-Law 5/2023 of 28 June 2023: the cure is ‘better’ than the disease | El Confidencial
Augusto Piñel, partner of Commercial Law, talks to El Confidencial about the Royal Decree-Law 5/2023 of 28 June 2023, adopting and extending certain measures in response to the economic and social consequences of the war in Ukraine. “The way in which the regulation has been approved urgently by royal decree-law, due to the electoral advance, has prevented the inclusion of other technical improvements during the process of parliamentary amendments.”
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Ministerial Order TED/966/2026 of 15 September: creation of Spain’s capacity market
The creation of the capacity market will ensure availability of power in the mainland electricity system by paying providers that undertake to make capacity available during periods of stress, thereby ensuring the security of electricity supply.
PUBLICATION
23 Sep, 2026
Paradoxes of non-binding and entire agreement clauses being meta-clauses
Inasmuch as functioning as meta-clauses, non-binding and entire agreement clauses are paradoxical in a number of ways.
PUBLICATION
22 Sep, 2026
Social security deregistration over the weekend or on a non-working day to re-register on the next working day may be exempt from penalties
Employees who are deregistered over the weekend or on a non-working day and re-registered on the following working day do not engage in any conduct classified as a violation under employment penalty rules, although the employer’s conduct may, where applicable, be subject to liability of a different nature.
PUBLICATION
22 Sep, 2026
Air Berlin's insolvency proceedings in Spain and claims arising from employment contracts
The judgment, in line with the guidelines provided by the Court of Justice of the European Union on referral of questions raised in this case, offers interesting insights into the interpretation of the relationship between universal insolvency proceedings and territorial insolvency proceedings.
PUBLICATION
21 Sep, 2026
Pharma & Healthcare No. 50
The newsletter covers the main developments in Pharma & Healthcare legislation and case law.
PUBLICATION
18 Sep, 2026
Resolved bank found liable as pledgee of third-party owned shares in the bank
The fiduciary nature of the managed investment relationship supports the view that the bank should be liable for the loss of the pledged item because there would not have been such loss had the client’s order been executed prior to the bank’s resolution — but not for the reason given in the judgment.
PUBLICATION
15 Sep, 2026
Sale of essential assets without shareholder approval and the enforceability of such violation against third parties
The Supreme Court (Judgment no. 881/2026 of 9 June) has held that Article 234(2) of the Companies Act is applicable by analogy in a case where a company director disposed of essential company assets without the required authorisation from the shareholders in general meeting (Art. 160(f) of the Companies Act).
PUBLICATION
11 Sep, 2026
Emails sent by a company to its staff during collective bargaining do not always violate freedom of association
Emails sent by a company to its staff during a negotiation process do not, in and of themselves, constitute anti-union interference or unlawful pressure, provided they fall within the scope of the company’s freedom of expression and the legitimate defence of its business interests.
PUBLICATION
11 Sep, 2026
Public consultation now open on the Royal Decree regulating the requirements for energy sustainability, environmental sustainability, digital resilience and digital sovereignty applicable to data centres