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NEW CHANGE TO SEPARATION RIGHTS IN THE ABSENCE OF DISTRIBUTION OF DIVIDENDS

Please refer to : PRICE FIXING IN EXCLUSIVE PETROL SUPPLY CONTRACTS UNDER A BRAND NAME. CASE LAW FROM THE SUPREME COURT DISTRIBUTION OF DIVIDENDS AND EXIT RIGHTS FOR COMPANY PARTNERS (II) Article 348 of the Spanish Capital Companies Act (“SCC”) was introduced in 2011, thus establishing the separation right of partners whenever dividends amounting to at least one third of…

THE NEED FOR FLEXIBILITY IN THE COMPANY ADMINISTRATOR’S REMUNERATION SYSTEM

Prior to the Supreme Court Judgment 98/2018, the majority view of the Directorate General of Registries and Notaries (DGRN) and the Provincial Courts was that a dual system existed for the remuneration of the administrative body of the companies: Article 217 of the Capital Companies Act (Ley de Sociedades de Capital – “LSC”) regarding the remuneration of company directors, made…

THE DISTINCTIVE CHARACTER OF TRADEMARKS (MONDELEZ VS. NESTLÉ)

On 25th July 2019, the third chamber of the European Union Court of Justice annulled the registration of the three-dimensional mark of the product the four finger KitKat, which was registered in 2006 by Société des produits Nestlé, S.A. (“Nestlé”), finding that it had not been demonstrated that the image had acquired a distinctive character in four countries: Belgium, Ireland,…

COPYRIGHT IN THE EUROPEAN DIGITAL MARKET

The proposal of the Directive of the European Parliament and of the Council regarding copyright in the European digital market was finally approved just last week on 12th September 2018, having been initially rejected in July of this year. As the very name indicates, this new directive shall regulate the use of copyright in internet, establishing a system of licences and…

THE ECONOMIC AND STRATEGIC PARTNERSHIP AGREEMENTS BETWEEN THE EUROPEAN UNION AND JAPAN

On 24th August 2018 the Official Journal of the European Union published the decision of the Council of the European Union 2018/1197 on the signing of the Strategic Partnership Agreement between the European Union and Japan. According to Article 1 of the agreement, the objective of the agreement is to promote political and sectoral cooperation, to strengthen bilateral cooperation and…