Newsletter

View the PDF The Spanish Tax Agency has published a binding consultation clause V1983-20 which concludes that the period of stay in Spain during the state of emergency will be counted for the purpose of determining the number of days that contribute towards the 183 days required to qualify as a tax resident in Spain. Therefore, all those who were in confinement in Spain during the state of emergency due to the [...]

View the PDF Last July, the National Commission of Market and Competition (hereinafter, CNMC) published the "Guide to compliance programs in relation to the defense of competition". This document establishes the requirements that a Compliance program must meet in order to be considered effective and, consequently, be positively assessed by the CNMC in an eventual reduction or mitigation of a competition-related penalty, which may even lead to an exoneration from the payment [...]

View the PDF After months of negotiations, the Ministry of Labour and Social Economy has managed to approve the new Royal Decree-Law 28/2020 of 22 September on working remotely, after reaching an agreement between the Executives, trade unions and employers. For remote work to be recognized under this new law, it must be carried out over a period of three months for a minimum of thirty per cent of the working day. [...]

View the PDF Many clients have a favorable resolution issued by the Courts of a Member State and they come to us to initiate the execute procedure in Spain. For these cases, there is Regulation 1215/2012 of December 12, 2012 on jurisdiction, recognition and enforcement of judicial decisions in civil and commercial matters. Unlike Exequatur, a procedure that we already discussed in our article 135/19, Regulation 1215 allows the direct execution of [...]

View the PDF There are many clients who establish in commercial contracts the international arbitration as the way to resolve conflicts. But what is international Arbitration and how is it different from judicial proceedings? The international Arbitration is an alternative way to resolve conflicts between commercial companies with a contractual relationship. Although in some aspects of the Arbitration procedure are similar to the judicial, there are also many points in which they [...]

View the PDF There are different issues related with matrimonial matters: the dissolution of the Marriage Bond and other issues that may affect the parental, property and/or economic responsibility of spouses or children. When the matter involves a member couples with different nationalities, the process can be complicated, especially as regards determining which Court will be competent to hear these issues. Common nationality may operate as a criterion for determining jurisdiction, but [...]

View the PDF Following the confirmation of the UK exit from the European Union on 31 January 2020, a transition period has been established until 31 December of this year. The aim of said period is allowing for the adaption and negotiations between all the parties involved and can eventually be extended under express request filed before 1 July 2020. From ESCURA we have prepared the following newsletter to answer some of [...]

View the PDF The Barcelona Arbitration Court has announced that they have created a fast procedure called “Fast Track” for the resolution of contractual conflicts for companies that need an immediate solution and cannot wait for the resumption of ordinary judicial procedures. Any company can request this procedure even if the resolution of conflicts was not contractually regulated by arbitration agreement. The only requirement to start the procedure is that the [...]

ESCURA has updated and published the transfer pricing brochure, which provides information regarding to related-party transactions and the documentation required for them. Please find attached the link to the Transfer Pricing guide with a comprehensive summary of the regulation on this matter: ⇒ Transfer Pricing: Document your Related-Party Transactions