Article 21 of the Workers’ Statute (“ET”) regulates the post-contractual non-competition clause in Spain. One requirement for its validity establishes that an “adequate financial compensation is paid to the worker”.
Author Archive for: Mariano Jimenez
About Mariano Jiménez
Mariano Jiménez is managing partner of the firm and holds a Law degree. He specializes in litigation and arbitration in commercial, labour and civil matters. Working languages: Spanish, English, German and French. For any query Contact Mariano Jiménez
Entries by Mariano Jiménez
In Spanish law, there is no conclusive solution regarding either the criterion applicable to the distribution of the maximum sum insured between the injured parties or the appropriate legal proceedings for its effectiveness.
The new Regulation relating to the jurisdiction, recognition, and enforcement of judgements in civil and commercial matters is a step further in the process of European integration in the field of Judicial Administration, given that it simplifies and accelerates the enforcement of rulings issued in other European Union Member States.
In 2011, the entity Bankia made a public offering of shares (IPO), where the detail brochure, the only informative channel for small investors, distorted the veracity of the entity’s accounts. Five years later, the Supreme Court ratified the nullity of the purchase of shares.
The publication of Law 15/2015 in Spain aims to decongest commercial courts by giving jurisdiction in the area of company law to other competent bodies such the Spanish trade registries.
Assignments of receivables is an act where a creditor transfers the ownership of the rights to receivables to a third person.
The joint liability of a foreign parent company concerning employee claims of its Spanish subsidiaries will be determined by the court, taking into consideration the relationship between the parent company and the subsidiary.
Courts in Spain have given judgments against controversial high-risk financial products offered by numerous banks, obliging banks to pay back the investment of their clients.
When judicial proceedings in Spain involve hiring expert witnesses it is important to remember that their performance is one more factor that could tip the scale. Recent judgments are proof of that.
With more frequency, proceedings and lawsuits in Spain are with opponents from non-Spanish-speaking states. In such cases, the law in Spain requires the translation of written documents supporting the claim. Failure to do so may underestimate the written evidence and jeopardize the proceeding.