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Supreme Court of Catalonia increases severance pay by 33 days | El Confidencial
The Supreme Court of Catalonia recently increased the compensation for unfair dismissal by 33 days more than what is established by current law. There is now a concern among companies, since the Court relies on the European Social Charter, which establishes that compensation should be dissuasive.
El Confidencial includes in this article the statements of Lourdes Escassi, lawyer in the Labor Law department, where she highlights: ‘This was a subject that we used to be asked about, but the decision has increased a lot of interest; there is a lot of commotion. Although, at the moment, this doctrine is limited to very specific and limited cases where the damage suffered by the worker is very evident, and especially when the conduct of the company is particularly reprehensible’
Read full article.
El Confidencial includes in this article the statements of Lourdes Escassi, lawyer in the Labor Law department, where she highlights: ‘This was a subject that we used to be asked about, but the decision has increased a lot of interest; there is a lot of commotion. Although, at the moment, this doctrine is limited to very specific and limited cases where the damage suffered by the worker is very evident, and especially when the conduct of the company is particularly reprehensible’
Read full article.
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Lourdes Escassi – Counsel
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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.
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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.
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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.
PUBLICACIÓN
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.
PUBLICACIÓN
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.
PUBLICACIÓN
21 Sep, 2026
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The newsletter covers the main developments in Pharma & Healthcare legislation and case law.
PUBLICACIÓN
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Resolved bank found liable as pledgee of third-party owned shares in the bank
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PUBLICACIÓN
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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).