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The cracks in legal certainty | El Mundo
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.
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Gómez-Acebo & Pombo
PUBLICATION
16 Oct, 2026
Consequences of the contractual link between individual bank loans taken out by commonhold unit-holders and restoration work agreed between the commonhold association and a third party
Supreme Court Judgment no. 919/2016 of 16 June is groundbreaking in two respects: first, in holding that unit-holders are parties to a contract between the commonhold association and a third party; and second, in holding that this contract is linked to the loan agreements concluded by a bank with said unit-holders.
PUBLICATION
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PUBLICATION
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CJEU requires actual neutralisation of tax discrimination against non-resident collective investment schemes or, where there is tax transparency, against their unitholders
The Court of Justice of the European Union has ruled in response to the Supreme Court that imposing a heavier tax burden on U.S. regulated investment companies than on resident collective investment schemes constitutes a restriction on the free movement of capital. Although such a restriction may be neutralised by the applicable double taxation treaty, that neutralisation must not be a merely theoretical possibility but must actually and fully be implemented, including with respect to the unitholders.
PUBLICATION
08 Oct, 2026
Ministerial Order TED/966/2026 of 15 September: creation of Spain’s capacity market
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PUBLICATION
23 Sep, 2026
Paradoxes of non-binding and entire agreement clauses being meta-clauses
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PUBLICATION
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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
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Pharma & Healthcare No. 50
The newsletter covers the main developments in Pharma & Healthcare legislation and case law.