noticias Inglés
CLAIM AGAINST THE JOINTLY DEBTOR WITH THE INSOLVENT COMPANY. NEGATIVE RES JUDICATA. Supreme Court (Tribunal Supremo) Judgement 20 October 2021.
Arbitration decision. The existence of a final arbitration decision does not prevent a claim for the liability of a joint debtor to which the debtor was a part of the arbitration proceedings. Insolvency proceedings: this does not prevent the creditor from taking an action in an ordinary legal process against the debtor who is jointly …
TRUCKS CARTEL. ACTION FOR DAMAGES. INTERNATIONAL JURISDICTION
Judgment of The Court (First Chamber), of 15 July 2021, in Case C‑30/20, request for a preliminary ruling under Article 267 TFEU from the Juzgado de lo Mercantil n.o 2 de Madrid (Commercial Court No 2, Madrid, Spain). RH is an undertaking domiciled in Cordoba (Spain), where between 2004 and 2009 it purchased five trucks from a Volvo Group …
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DIRECT ACTION OF THE CARRIER AGAINST THE INSURANCE COMPANY OF THE SUBCONTRACTOR CONDEMNED BY FINAL DECISION UNDER THE INTERNATIONAL CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD (CMR). LIMITATION PERIOD.
In its decision of 26 March 2021, the Tribunal Supremo (“Supreme Court”) deals with a case in which a carrier sues an insurance company to recover the amount of the decision against the sub-carrier insured by the insurance company. The TS understands that the claim against the insured subcarrier by the defendant company affects the …
VALIDITY OF A CLAUSE IN THE ARTICLES OF ASSOCIATION CONCERNING THE EQUAL DISTRIBUTION OF DIVIDENDS TO THE SHAREHOLDERS OF A LIMITED COMPANY.
The Resolution of 14 April 2021 of the “Dirección General de Seguridad Jurídica y Fe Pública” analyses the validity of a clause in the articles of association which determined that “The distribution of dividends to shareholders shall not be made in proportion to their participation in the share capital, but all shareholders shall be to …
RIGHT OF SEPARATION OF THE SHAREHOLDER IN CAPITAL COMPANIES
The recent Supreme Court judgment of 15 January 2021 examines interesting questions related to the shareholder’s right of separation, in particular determining when the status of shareholder is lost after having exercised the right of separation, at the moment at which the shareholder is paid the value of his participation. However, the dissenting vote of …
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RESTRICTIVE MEASURES ON LINKS ON WEB PAGES.
The judgment of the Court of Justice of 9 March 2021 in the Bild-kunst case concludes that it constitutes a communication to the public to insert, by framing, on a third party’s website, copyrighted works that have been made available to the public on another freely accessible website with the authorisation of the copyright owner, …
DIRECTORS’ LIABILITY AND EXCESSIVE REMUNERATION OF MEMBERS OF THE BOARD OF DIRECTORS.
The judgement of the Barcelona Provincial Court of 4 February 2021 is about the payment by directors of remuneration in excess of that established in the bylaws, and in the case in question it considers, in accordance with the terms of article 236 of the LSC, that this is an act that gives rise to …
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