Calling a General Meeting: in order for the notification of the meeting to be admissible, the telegram must be sent with acknowledgement of receipt. https://www.boe.es/boe/dias/2022/04/11/pdfs/BOE-A-2022-5931.pdf
Arbitration decision. The existence of a final arbitration decision does not prevent a claim for the liability of a joint debtor to which the debtor was a part of the arbitration proceedings. Insolvency proceedings: this does not prevent the creditor from taking an action in an ordinary legal process against the debtor who is jointly …
Judgment of The Court (First Chamber), of 15 July 2021, in Case C‑30/20, request for a preliminary ruling under Article 267 TFEU from the Juzgado de lo Mercantil n.o 2 de Madrid (Commercial Court No 2, Madrid, Spain). RH is an undertaking domiciled in Cordoba (Spain), where between 2004 and 2009 it purchased five trucks from a Volvo Group …
TRUCKS CARTEL. ACTION FOR DAMAGES. INTERNATIONAL JURISDICTION Read More »
In its decision of 26 March 2021, the Tribunal Supremo (“Supreme Court”) deals with a case in which a carrier sues an insurance company to recover the amount of the decision against the sub-carrier insured by the insurance company. The TS understands that the claim against the insured subcarrier by the defendant company affects the …
The Resolution of 14 April 2021 of the “Dirección General de Seguridad Jurídica y Fe Pública” analyses the validity of a clause in the articles of association which determined that “The distribution of dividends to shareholders shall not be made in proportion to their participation in the share capital, but all shareholders shall be to …
The recent Supreme Court judgment of 15 January 2021 examines interesting questions related to the shareholder’s right of separation, in particular determining when the status of shareholder is lost after having exercised the right of separation, at the moment at which the shareholder is paid the value of his participation. However, the dissenting vote of …
RIGHT OF SEPARATION OF THE SHAREHOLDER IN CAPITAL COMPANIES Read More »
The judgment of the Court of Justice of 9 March 2021 in the Bild-kunst case concludes that it constitutes a communication to the public to insert, by framing, on a third party’s website, copyrighted works that have been made available to the public on another freely accessible website with the authorisation of the copyright owner, …
The judgement of the Barcelona Provincial Court of 4 February 2021 is about the payment by directors of remuneration in excess of that established in the bylaws, and in the case in question it considers, in accordance with the terms of article 236 of the LSC, that this is an act that gives rise to …
DIRECTORS’ LIABILITY AND EXCESSIVE REMUNERATION OF MEMBERS OF THE BOARD OF DIRECTORS. Read More »
