Spanish Legal Update nº 32

    View Author May 2014

    Please find below the May edition of "Spanish Legal Update" publication, produced by the International Dispute Resolution team of Squire Sanders, which contains some recent Judgments given in the field of Spanish Commercial Law.

    This issue contains the following articles:

    Lack of Notice to Distributor Also Allows Loss of Profits Claim

    The Supreme Court confirms its most recent doctrine regarding compensation to the dealer for cancellation of a contract without notice and also explains that lack of notice may also allow a loss of profit claim. 

    Award Rescinded by Courts Due to Infringement of the Right to Effective Judicial Protection

    The Spanish High Court recently allowed an appeal to review a judgment against a final award for infringement during the arbitration procedure on the right to have an effective legal protection.

    The claimant filed the appeal because he had documents that it was impossible to obtain during the arbitral proceedings, due to force majeure.

    Annulment of Previous Procedural Actions prior to the Constitutional Protection

    The Constitutional Court previously issued a Judgment limiting the cases where it is necessary to use the previous stage for annulment of proceedings before filing a writ of Constitutional Protection.

    Civil Doctrine Regarding the Duty of Information in Financial Services Investment

    A Supreme Court of Justice decision dated 20 January 2014 sets the boundary between the so-called convenience and suitability tests required in the financial field, and sets up the doctrine on the scope of the duty of information required in financial advice services, compared to more simple cases of marketing of such financial products.

    Amendments to the Spanish Intellectual Property Act

    On February 14, the partial reform of the Intellectual Property Act was approved. It introduces some fundamental changes such as establishing effective means of control of the collective management organizations as well as new ways of defence of intellectual property rights against potential infringements on the Internet by service providers. It has also limited the boundaries of the legal concept of private copy.