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New reforms to the Spanish Telecommunications Law and the Internet Law (LSSI and LFTel) - ECIJA

Thursday, 12 April 2012 08:18
The 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.

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Revitalisation of the Portuguese real estate lease market - ABBC

Friday, 20 April 2012 08:02
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.
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A new legal framework on Electric Mobility – creating a new market for electric vehicles - ABBC

Tuesday, 13 July 2010 20:26
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.
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Spain’s Labour Law reform - BDO Abogados

Friday, 20 April 2012 08:43
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.
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Portugal’s New Arbitration Law - F Castelo Branco & Associados

Tuesday, 25 October 2011 05:29
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.
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Amendment of the Spanish Insolvency Law - Clifford Chance

Friday, 16 December 2011 09:44
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.
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Heading new challenges on intellectual property regulation -Deloitte Abogados

Friday, 20 April 2012 08:59
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.
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Portugal´s new legislation on defending takeover bids - Sérvulo

Tuesday, 25 October 2011 08:12
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
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Restriction of voting rights in listed companies under the new Spanish Companies Act - Allen & Overy

Tuesday, 30 November 2010 00:00
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.
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The impact on real estate of Portugal's new energy certification rules - Abreu Advogados

Sunday, 22 February 2009 14:31
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.
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Commission temporarily approves rescue aid for Spanish cajas - Mayer Brown

Tuesday, 25 October 2011 05:41
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.
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Micro-generation and tax benefits on renewable energies - Abreu Advogados

Thursday, 23 April 2009 15:44
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.
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Public contracts subject to the audit court - F Castelo Branco

Wednesday, 02 March 2011 10:16
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.
The Court, among other things, issues opinions on public annual accounts and controls expenses arising from decisions or contracts entered into by public entities. It assumes an important (and sometimes decisive) role in public procurement – works, services or supply exceeding €350,000 require prior clearance (visto) of the Audit Court in order to be effective financially.  Public contracting entities do not however necessarily need to wait for the clearance to initiate the performance of the contracts. In fact, the private contracting party is usually required to carry out the supply, the provision of services or initiate the construction before the Court issues a decision on the clearance procedure.
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Questions over EU private equity reforms - SJ Berwin

Thursday, 31 December 2009 15:28
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.
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New CNMV rules on investment funds - Deloitte Abogados y Asesores Tributarios

Tuesday, 23 August 2011 12:11
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.
As regards the remaining UCITS IV Directive provisions, the necessary amendments to the Spanish Collective Investment Institutions Act will not be approved by the Spanish Parliament on time for compliance with the implementation date of UCITS IV.
The main features of the new registration procedure are that it will now be online and take place between supervisory authorities; the Key Investor Document (KID) replaces the simplified prospectus; the translation regime of the documentation changes; and the term for registration is now three to 10 days since the communication between supervisor authorities.

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Angola’s new Private Investment Law- Miranda Correia Amendoeira & Associados

Tuesday, 23 August 2011 12:03
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.
Private investment alongside public investment is now a strategic goal of the state for the mobilisation of human, financial, material and technological resource, with a view to the country’s continued social and economic development, the increase of competitiveness, increased employment and the improvement of living conditions.
The aim of the new law, while still open to analysis, is intended therefore to maintain and strengthen foreign investors’ rights and guarantees, as well as to introduce more clear and efficient rules and procedures for the approval of foreign private investment.

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Madrid Barajas and Barcelona El Prat airports concession models - Clifford Chance

Tuesday, 23 August 2011 13:59
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

Friday, 16 December 2011 12:40
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.
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The role of the Bank of Portugal in the new tax amnesty - Caiado Guerreiro & Associados

Friday, 20 April 2012 09:32
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.
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The New EU Data Protection Framework - BDO Abogados

Wednesday, 22 February 2012 09:50
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.
The Directive will include new principles related to data protection processing: accountability, the right to be forgotten and “privacy by design”. National Authorities will also be empowered to fine companies that violate data protection rules up to €1m or up to two percent of their global annual turnover.
The main changes include: creating an independent European Data Agency; a requirement for public sector and large enterprises to designate a Data Protection Officer; and organisations must notify the national supervisory authority of serious data breaches within 24 hours.