Spanish Companies regulation (in particular, Act 3/2009 on the structural modifications of corporations) allows for a simplified procedure of charter amendment in the case of transformation of corporations. In some cases, the simplification might imply a reduction in shareholders' and creditors'...

Insurance companies and insurance activities are subject to profuse industry regulation, justified by potential market failures, but this does not exclude the applicability to them of Competition Law. Nevertheless, almost all legal systems worldwide foresee, one way or another, significant...

This paper describes the situation and applicable rules to public procurement below EU thresholds in Spain. The paper describes the main provisions regarding these contracts, which are substantially identical to those applicable to contracts subject to EU rules with the relevant exceptions of...

The new system of access to the Bar that is about to be implemented in Spain requires a mandatory period of 6 to 12 months (30 ECTS credits) of in-job training for law students willing to sit in the Bar exam. The provisions in the relevant Law and regulations leave substantial freedom to...

This paper briefly reviews the need for the Proposed Concessions Directive and the opportunity of the proposal; explores the logic and main aspects of the Proposed Concessions Directive, particularly regarding its more ‘concession-specific' rules on their economic balance; and offers some...

The recent ECJ Judgment in case C-124/10 P Commission v Électricité de France (EDF) has clarified an important point in EU State aid law that bears attention: the ‘private investor' test is not an exception, but the general test that the Commission must apply. This paper critically appraises...

This paper focuses on the recent novelties introduced by the ‘Almunia' Package in the regulation of activities at the intersection of the EU rules on State aid, public procurement and the financing of SGEIs. Taking the uncertainties left by the fourth Altmark condition as the point of...

The relationship between public procurement and State aid control rules had been controversial for a long time. However, a growing academic consensus and, more significantly, the official position of the European Commission, ruled out that the award of a public contract can amount to the grant...

This paper attempts a concise comparison of the rules applicable to the rejection of abnormally low and non-compliant tenders in a number of EU jurisdictions (namely, Denmark, France, Germany, Italy, Poland, Romania, Spain and the United Kingdom). In order to set the common ground for the...

The use of greenhouse gas emission rights as financial collateral and the feasibility of their enforcement by sale or appropriation raise some issues, such as discerning the legal nature of emission rights under securities law, their suitability for the creation of limited rights and liens...