Ana Luísa Guimarães analyses the sectors closed to private initiative in the field of water. | ECO

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.

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

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

Royal Decree 415/2026 establishes a unified framework for the assessment of health technologies in Spain, distinguishing between the technical assessment and the administrative decision regarding funding, pricing or inclusion in the service catalogue, and incorporating the requirements of Regulation (EU) 2021/2282. The aspect that raises the most legal questions in this new piece of legislation is the connection between the assessment regulated by the Royal Decree and the procedures for funding, pricing, and inclusion in the service catalogue.

The evolution of the concept of genetically modified organisms in the European Union in light of new genomic techniques (NGTs) is examined, along with the regulatory response that introduces a distinction between two categories of NGT plants, making the regime more flexible for those that can be considered equivalent to conventional plants. It also highlights that the institutional agreement reflected in the Council’s position represents a significant shift from the case law of the Court of Justice. Regarding patents, it highlights the absence of substantial changes, opting instead for a cautious approach based on transparency, monitoring, and possible future intervention.

The Supreme Court judgment of 10 April 2026 characterises the concept of public service under Article 24(1) of Act 39/2015 as an exception to the ‘double silence’ rule, distinguishing it from the concept of service of general economic interest, which applies in liberalized sectors such as that of electricity supply. The Supreme Court thus concludes that in seeking an authorisation to close a combined-cycle power plant, the ‘double silence’ rule applies to the effect of a presumption of approval.

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

Reduced connection charges for electro-intensive consumers and the Fund for the Promotion of Industrial Decarbonization will help improve the industrial sector's competitiveness in the current economic climate.