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PUBLICATION
Administrative liability of the members of a listed company’s audit committee for serious errors or inaccuracies in the audited annual accounts
The Supreme Court’s judgment of 8 October 2020 confirms the administrative liability of Audit Committee members for the inaccuracy or lack of veracity of consolidated annual accounts that have been externally audited
PUBLICATION
Amendment of the legal regime of the organisation and operation of the National Electricity System (Portugal)
The public consultation regarding the long-awaited draft Decree-Law that revokes the legal regulations applicable to the activities of generation, transmission, distribution and supply of electricity and the organisation of electricity markets (the “Draft Decree-law”) is underway, and contributions may be submitted until 24 November 2021 through the Consultation – National Electricity System platform (consultalex.gov.pt).
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Company resolutions reached with invalid votes
Although Article 204(3)(d) places them on the same level, the erroneous counting of votes and the counting of invalid votes are very different, given that the latter requires judicial balancing.
19 Jun, 2025 
Ángel Carrasco
Limits of the Unified Patent Court’s long arm with regard to Spain (IV): the recognition and enforcement of court decisions
The Unified Patent Court has jurisdiction, in certain cases and within the limits set by the Brussels Ia Regulation and the Lugano Convention, to hear actions relating to classic European patents validated in States that are not party to the Agreement on a Unified Patent Court. Such decisions may be recognised and enforced in those other countries, but there are cases in which such recognition and enforcement will not be appropriate.
13 Jun, 2025
Rais Amils, Ángel García Vidal
Limits of the Unified Patent Court’s long arm with regard to Spain (III): applicable law
The Unified Patent Court has jurisdiction, in certain cases and within the limits laid down in the Brussels Ia Regulation and the Lugano Convention, to hear actions relating to classic European patents validated in States that are not contracting parties to the Agreement on a Unified Patent Court. However, this does not mean that, when hearing such actions, the Court may apply the same rules as if the actions related to a unitary patent.
12 Jun, 2025
Ángel García Vidal, Rais Amils
Limits of the Unified Patent Court’s long arm with regard to Spain (II): the controversial judgment of the Court of Justice in the BSH/Electrolux case
This document sets out and criticises the doctrine established by the CJEU in its Judgment of 25 February 2025, C-339/22, BSH/Electrolux, ECLI:EU:C:2025:108. Although the dispute underlying the judgment was not brought before the UPC, the interpretation of the CJEU in the BSH/Electrolux judgment is equally applicable, since said court is equivalent to the national courts of the contracting states party to the UPC Agreement.
11 Jun, 2025
Rais Amils, Ángel García Vidal
Limits of the Unified Patent Court’s long arm with regard to Spain (I): international jurisdiction
Ever since coming into operation, there has been a tendency on the part of the Unified Patent Court to extend its jurisdiction to include patents that produce effects in States that are not party to the Agreement on a Unified Patent Court (the ‘UPC Agreement’ or ‘Agreement’), as is the case of the Kingdom of Spain. This phenomenon is known in specialised circles as the court’s ‘long arm’. However, although in certain cases the Unified Patent Court (the ‘UPC’ or ‘Court’) does indeed have such jurisdiction, this is only possible within strict limits, limits that do not seem to be taken into consideration in a consistent manner.
10 Jun, 2025
Ángel García Vidal, Rais Amils
A foreign judicial authority cannot supplant the will of a Spanish company’s shareholders
The will of a Spanish company’s shareholders in general meeting may not be supplanted by a judge or court clerk, even if the latter is part of another State’s judicature and is acting within the framework of foreign proceedings and in accordance with applicable procedural law.
02 Jun, 2025
Elisa Torralba
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