Gómez-Acebo & Pombo
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Publications
Minimum purchase obligation qualified by a best efforts clause. Test case in Spain.
28 September 2023
The case under consideration involved an interpretative problem: whether the distributor's obligation to make minimum purchases of the distributed product is subordinate to another clause requiring the use of best efforts to fulfil that obligation.
Related publications
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Invalidity of contracts on the basis of breaches of directors’ duty of loyalty
13 November 2023
As to whether shareholders also have standing to bring actions for the “invalidation” of contracts under Art. 232 of the Spanish Companies Act.
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Employee transfers in public procurement: obligation not included in the tender documents, but in the collective agreement applicable to the public authority tendering the service
21 September 2023
The Judicial Review Division interprets Art. 130(1) of the Public Procurement Act as only allowing agreed transfers of employment contracts when included in the sector of the outsourced activity, preventing such transfer clauses in public sector collective agreements.
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On the possibility of not including in the articles of association all or some of the legally defined circumstances in which a shareholder must abstain from voting (Art. 190(1) of the Spanish Companies Act)
20 September 2023
Can the articles of association of a company limited by shares do away with all or some of the legally defined circumstances Art. 190(1) in which a shareholder involved in a conflict of interest with the company is prohibited from voting at the general meeting?
Gómez-Acebo & Pombo
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Gómez-Acebo & Pombo Abogados, S. L. P. Paseo de la Castellana, 216, 28046 Madrid, CIF B-81089328.
Registro Mercantil de Madrid, tomo 20788, libro 0 folio 180, sección 8, hoja M 368387
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