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EXLUSION OF A PARTNER OF A LIMITED LIABILITY COMPANY – INTERPRETATION REGARDING THE DEADLINE FOR TAKING LEGAL ACTION TO OBTAIN A COURT DECISION

In a recent judgement dated 29th June 2016, the High Court confirmed its position regarding the interpretation of the deadline for taking legal action to obtain a court decision required to give effect to the resolution of the general meeting concerning the exclusion of a partner from a limited liability company. The resolution for the exclusion of a partner of…

TERMS OF PAYMENT BETWEEN COMPANIES: THIRTY DAYS WHERE THERE IS NO AGREEMENT, MAXIMUM SIXTY DAYS BY AGREEMENT BETWEEN THE PARTIES

In a recent judgement, the High Court (Civil Chambers 1st Section) dated 23rd November 2016 has declared an agreement reach by the parties to a contract, which establishes a term of payment of invoices that exceeds sixty (60) calendar days, to be null and void. The facts In this case, a subcontractor claimed the payment of unpaid invoices for work…

THE CALCULATON UNIT FOR DETERMINING THE THRESHOLDS WHICH SEPARATE COLLECTIVE DISMISSAL FROM INDIVIDUAL OBJECTIVE DISMISSAL

Article 51.1 of the Worker’s Statute (Estatuto de Trabajadores – “ET”) establishes that the thresholds for determining whether the dismissal of X employees of a company should be processed within the framework of a collective dismissal procedure (Expediente de Regulación de Empleo – “ERE”) or whether otherwise, each dismissal should be processed as an isolated case, as an individual objective…