New reforms to the Spanish Telecommunications Law and the Internet Law (LSSI and LFTel) - ECIJAThe overall reform aims to strengthen the rights of users and consumers, both in the and in the telecommunications sector, in order to harmonise the mechanisms between national agencies and European bodies and/or international institutions.
|
Revitalisation of the Portuguese real estate lease market - ABBC The dominant topic in the current Portuguese real estate market is the reform of the urban lease regime. Since 2004, much debate has surrounded the need to revitalise this market. The current regime has not delivered the much sought after boost of the urban lease market. Over the past two years, the real estate sector has retreated and it is now essential that this issue be addressed. There is a widespread consensus, both politically and socially, that the current regime does not cater to the country’s interests. The “Memorandum of Understanding” between the Portuguese Government and Troika set the general conditions of the economic policy defined under the scope of Portugal’s external financing programme, including some for the real estate market. |
A new legal framework on Electric Mobility – creating a new market for electric vehicles - ABBC
Worldwide there are around one billion vehicles, a figure that is expected to double in just two decades. Alongside this trend, the price of fuel has been growing in the medium term, with no substantial or time-consistent decrease expected. Meanwhile, Governments have to deal with increasing environmental concerns, notably the reduction of carbon emissions. Thus, the long-term sustainability of the automobile industry may depend on “new” alternative sources of energy. |
Spain’s Labour Law reform - BDO Abogados On February 10th, 2012, the Cabinet approved Royal Decree-Law nº 3/2012 regarding urgent measures to reform the Spanish labour market. In the short-term, the primary objective is to slow the pace of the job losses in Spain, and to lay the foundations for sustained growth and the creation of stable employment as quickly as possible. Company flexibility mechanisms have been designed and introduced to promote the preservation of employment, so that dismissal is a last resort for the employer. Notwithstanding this, external flexibility has also been modified to harmonise labour legislation on dismissals within the European Union. The labour reform also modernises collective negotiation to adapt it to the different and specific needs of companies and employees.. |
Portugal’s New Arbitration Law - F Castelo Branco & Associados Last September the Portuguese Government submitted to Parliament a proposal for a new Arbitration Law to replace the 1986 law currently in force. This was made as a result of a measure contained in the Memorandum of Understanding with the international Troika arising from Portugal’s bailout, as well as the present Government’s program. |
Amendment of the Spanish Insolvency Law - Clifford Chance The Law Amending the Spanish Insolvency Law was approved on 22 September 2011. As explained in its Preamble, the Amendment has a limited scope. It is not designed to overhaul the Insolvency Law, but rather to update it, correcting defects and filling in some gaps. |
Corporate compliance in Spain: is it indeed required? - Pérez-Llorca The purpose of compliance is to help prevent the risks for a company that can arise as a result of the infringement of an applicable law, by putting in place internal control procedures and measures.
|
Heading new challenges on intellectual property regulation -Deloitte Abogados
Important changes to Spanish intellectual property (IP) regulations have developed since the beginning of 2012. These include the removal of the levy that compensated rights holders for the making of private copies of their works, and the approval of the first rules against illegal downloads, introducing an administrative proceeding for taking down infringing websites. These developments are the start of a potential deep reviewing process of IP regulation to adapt the prevailing legislation to the challenges posed by the rise of new technologies. Some of the keys points of this review process are outlined below. |
Portugal´s new legislation on defending takeover bids - Sérvulo Measures against takeover bids revamped: Portuguese draft legislation under public consultation for the adoption of breakthrough rule |
Restriction of voting rights in listed companies under the new Spanish Companies Act - Allen & Overy The Royal Legislative Decree 1/2010, dated 2 July, which approves the Consolidated Version of the Companies Act (the Spanish Companies Act), has integrated in a single text the former rules governing Spanish Joint Stock Companies, Limited Liability Companies and the limited partnerships by shares. |
The impact on real estate of Portugal's new energy certification rules - Abreu Advogados The regulatory movement towards the rating of real estate in respect of its environmental impact and sustainability is now one of the most important issues facing Portuguese developers and property owners. The pursuit of efficiency and improvement is, from the health point of view, one of the first steps to take in this direction. With this in mind, many policies have been implemented and are anticipated to help better protect public health by preventing or reducing exposure to pollutants with risks to human health, namely breathing dysfunctions, lung cancer, asthma and other allergies. |
Commission temporarily approves rescue aid for Spanish cajas - Mayer Brown The European Commission has granted temporary approval, under EU state aid rules, to the recapitalisations of NCG Banco, Catalunya Banc and Unnim Banc by the Fondo de Reestructuración Ordenada Bancaria ("FROB"). All three banks were created this year as part of the restructuring of the Spanish savings banks system. Final approval of the recapitalisations is conditional upon the submission of a restructuring plan that ensures that the banks will be viable in the long-term, that shareholders adequately share the burden of restructuring and that distortions of competitions are limited. |
Micro-generation and tax benefits on renewable energies - Abreu Advogados
On February 2, 2008, decree-law no 363/2007 came into force and the production of energy in Portugal entered a new era. The principle behind the new law is to save energy, reduce costs and protect the environment. Indeed, consumers are now allowed to produce electricity themselves through small power plants, ie not exceeding 5.75 kW, and sell the surplus to the public network with a limit of 150 kW. |
Public contracts subject to the audit court - F Castelo Branco
Portugal’s Audit Court (Tribunal de Contas) is an independent body that supervises public accounts and expenditure and prosecutes public financial violations.
|
Questions over EU private equity reforms - SJ Berwin In the UK, the campaign against the current draft of the European Commission's Alternative Investment Fund Managers Directive has gained considerable momentum. Recently, Lord Myners, the British Government's 'City Minister', said that the draft needed "major surgery". The UK's main regulator – the Financial Services Authority (FSA) – made its (many) concerns clear in a speech last month. Their voices have echoed the chorus of disapproval from the funds industry, investors, the media, and lawyers. |
New CNMV rules on investment funds - Deloitte Abogados y Asesores Tributarios The Spanish securities supervisor (CNMV) has recently published new regulations on reporting obligations of Foreign Collective Investment Institutions aimed at implementing on time the product passport rules of UCITS IV, which enters into force July 1st.
|
Angola’s new Private Investment Law- Miranda Correia Amendoeira & Associados The enactment of a new Foreign Private Investment Law in Angola in May has introduced significant reforms to the investor regime, including raising the minimum thresholds in order to benefit from specific custom, tax and profit repatriation benefits.
|
Madrid Barajas and Barcelona El Prat airports concession models - Clifford Chance The Spanish Government has now announced the timetable and concession framework for the privatisation of Spain’s two largest airports, Madrid Barajas and Barcelona El Prat.The airports operator AENA Aeropuertos (Aena) is now set to incorporate the companies managing each of the airports and to send all the necessary documentation to the Consulting Body on Privatisations, ahead of the launch of the bidding process on July 29th, 2011. A timetable has been established setting out the requirements that will cover bid pre-qualification, the due diligence process, the scope of technical and economic offers and filings, and the award, scheduled for the end of November 2011 including a maximum three-month transitory period. The announcement has also set out the canons payable to AENA for each airport, as well as the ongoing annual payments. The proposed term of the concession agreements is 20 years, extendable by five years. |
Public-private collaborations: a recipe for development - Oller Abogados Costa Rica has an imminent need to develop infrastructure in all areas (roads, rail transport, ports,airports, educational and correctional facilities, etc). The Government by itself does not have the resources to meet all these needs and public interest obligations, but to do so, it can seek thecollaboration of the private sector. |
The role of the Bank of Portugal in the new tax amnesty - Caiado Guerreiro & Associados One of the main objectives of the new regime of tax amnesty, also known as RERT III (Regime Excepcional de Regularização Tributária), is settling with the Portuguese Tax Administration any financial or corporate assets held abroad by tax residents in Portugal. |
The New EU Data Protection Framework - BDO Abogados In January the European Commission presented a reform of the EU Data Protection Directive. The main focus is to guarantee privacy rights in the digital economy and to remove the current fragmentation and costly administrative burdens due to the existence of 27 different national laws.
|