Go back to News
NEWS
The cracks in legal certainty | El Mundo
8 July, 2024
Lourdes Escassi, labour and employment counsel at Gómez-Acebo & Pombo, highlights the increase in legal uncertainty due to the flood of recent regulatory changes with a legislative technique that could be improved in this article published by El Mundo.
The excess of regulations and bureaucracy in Spain has generated uncertainty for companies, hindering investment and growth. Legal certainty refers to the predictability of the legal consequences of any act or conduct, guaranteed by the Constitution in its ninth article. The absence of legal certainty has been a recurrent complaint in the business world.
Due to these incessant changes, businesses need to keep up to date and allocate more resources to this task.
Read the full article.
Press contact
Director of Business Development, Marketing and Communications
Director of Business Development, Marketing and Communications
More information about
Gómez-Acebo & Pombo
¡NEW! 
PUBLICATION
¡NEW!
Limitation of a patent and the Unified Patent Court’s ‘long arm’
We analyse the problems that arise when a claim is filed with the UPC for infringement of a unitary patent and, at the same time, for infringement of the validation of the basic European patent in States that are not party to the Agreement on a Unified Patent Court, and the claimant solely limits the unitary patent (because the defendant only files a counterclaim for revocation of the unitary patent with said court, but does not initiate any parallel revocation proceedings with the competent national court against the validations of the basic European patent in States that are not party to said agreement).
¡NEW! 
PUBLICATION
2 days ago
Separate restructuring strategies among joint and several co-debtors
The basis for this paper is a slightly modified real-life case, broadened to include all possible forms of plurality of debtors.
2 days ago
PUBLICATION
One week ago
The new obligation to supply medicines at the request of Member States: analysis of Article56a of the Medicines Directive
Article 56a of the European Union’s new Medicines Directive introduces a mechanism that allows Member States to require marketing authorisation holders to supply authorised medicines within their territory to meet the needs of their patients. In the event of non-compliance three years after the request, the holder may lose market protection in that Member State, thereby allowing the entry of generic and biosimilar medicines. However, exceptions are provided for in cases of exceptional and unforeseeable circumstances beyond the holder’s control, as well as safeguards to prevent the loss of protection in one Member State from being used to circumvent the system in other protected markets.
One week ago
PUBLICATION
21 Apr, 2026
The 28th Corporate Regime: the EU Inc.
The Proposal for a Regulation of the European Parliament and of the Council on the 28th Regime Corporate Legal Framework – ‘EU Inc.’, dated 18 March 2026, introduces a new form of European private limited company. Originally envisaged for start-ups and scale-ups, it has been decided to allow its adoption by all companies. There is no minimum share capital requirement; shares may have no nominal value and may carry multiple voting rights, among other features. The Commission is expected to approve model articles of association so that a company can be incorporated online in less than forty-eight hours and for less than one hundred euros.
21 Apr, 2026
PUBLICATION
17 Apr, 2026
Can a framework agreement lacking an exclusivity or minimum orders clause be discharged by breach?
All cases decided by the Supreme Court and their specific details are discussed. There is no single solution to the problem of terminating a framework supply of services agreement without an exclusivity clause or a minimum purchases obligation.
17 Apr, 2026
Tax Litigation
16 Apr, 2026
Do purchasers of apartments and premises take on, by way of subrogation, planning obligations arising from a land readjustment procedure?
Whether or not the purchasers of residential apartments and commercial premises take on, by way of subrogation, the planning obligations arising from a land readjustment procedure, has always been a conundrum on account of the economic and social impact that an affirmative answer would have on the end recipients of housing. The Supreme Court has yet to rule on this matter.
16 Apr, 2026
PUBLICATION
08 Apr, 2026
Tax measures contained in Royal Decree-law 7/2026 approving the Comprehensive Plan to Address the Crisis in the Middle East
The package of tax measures included in Royal Decree-law 7/2026, of 20 March, consists of various incentives in the field of direct taxation of individuals and companies to reduce dependence and promote energy savings and efficiency, electric mobility, and support for self-consumption and investment in renewables. Moreover, it includes a set of extraordinary and temporary measures applicable to energy taxation and indirect taxation aimed at reducing the tax burden on products particularly affected by rising prices. Lastly, certain changes are made to various local taxes.
08 Apr, 2026
PUBLICATION
07 Apr, 2026
A complete U-turn on ‘technological strikebreaking’
The Constitutional Court reinstates established doctrine and rejects the possibility for employers to resort to non-routine technical (or human) resources during a strike, where such resources involve minimising, reducing or limiting the effects of the industrial action in keeping the company running.
07 Apr, 2026
PUBLICATION
06 Apr, 2026
Royal Decree-law 7/2026: renewables acceleration areas and the environmental assessment of energy projects
In this paper we outline the changes introduced by Royal Decree-law 7/2026 to the environmental impact assessment procedure: first, through the creation and regulation of renewables acceleration areas (RAAs), wherein renewable energy projects will be exempt from environmental impact assessments, and, second, by modifying certain aspects of the environmental impact assessment for energy generation and storage projects, as well as for transmission and distribution facilities.
06 Apr, 2026