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Análisis de las medidas relativas al Mecanismo RED contenidas en el RD-L 4/2022

Legislative news: Analysis of measures relating to the RED Mechanism under RD-L 4/2022

24/03/2022

On 16 March 2022, a Royal Decree was published in Official Gazette No 64, due to come into force on 17 March 2022. While there has been no relevant regulatory development, certain matters relating to the Network Mechanism are presented:

  1. Royal Decree-Law 4/2022, dated 15 March, which adopts urgent measures to support the agrarian sector owing to the drought (RD-L 4/2022).

The purpose of this Royal Decree is specifically to compile a set of urgent measures to support the agrarian sector, in order to alleviate the consequences suffered by said sector due to drought-related climate conditions, alongside the sharp increase in input prices owing to the supply crisis currently affecting the world economy due the situation in Ukraine, which in turn is threatening the food production sector. Likewise, the aforementioned RD includes measures relating to tax and Social Security matters.

Consult the analysis of the Royal Decree Law at the following link.

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Labour
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Athenea

Athenea Healthcare Group and RocaJunyent advise Medsir in its strategic alliance with Oncoclínicas (owned by Goldman Sachs)

23/03/2022
  • Athenea Healthcare Group led the comprehensive advisory of the transaction while RocaJunyent was in charge of the legal advisory.
  • The strategic alliance between MEDSIR (an international independent oncology research company based in Barcelona) and Oncoclínicas (a Brazilian group specialized in the treatment of oncology patients, leader in Brazil and Latin America) aims to promote independent oncology research worldwide. It is Oncoclínicas’ first expansion operation in Europe.
  • Oncoclínicas, backed by its controlling shareholder Goldman Sachs, one of the world’s largest and most prestigious investment banks, is taking a 49% stake in MEDSIR to strengthen its international expansion.
  • Athenea Healthcare Group and RocaJunyent have demonstrated through their strong alliance their ability to succeed and exceed objectives by jointly advising MEDSIR and its partners in this strategic alliance.

23 May 2022.- Athenea Healthcare Group, a consulting firm specialized in the healthcare sector, led the comprehensive advisory to MEDSIR in the transaction, with the collaboration of the law firm RocaJunyent, which coordinated the legal advisory. The advisors of the transaction were Jochi Jiménez and Agustín del Valle on the part of Athenea Healthcare Group, and Santi Pagès and Lourdes Amigó on the part or RocaJunyent.

Jochi Jiménez, partner of Athenea Healthcare Group, highlights on behalf of the team that “we are very proud that we have been able to successfully complete an operation in which we have been working for many months and that means the consolidation of MEDSIR’s expansion worldwide and the first expansion operation of Oncoclínicas in Europe. This alliance was born to improve research in the fight against cancer”.

On Monday, 21 March, the Brazilian stock market announced the agreement by which Oncoclínicas acquires 49% of MEDSIR for a fixed price of 5.75 million euros and an additional variable price of 3.5 million euros subject to the achievement of specific business goals. The transaction includes an equity investment of 2.75 million euros in MEDSIR to strengthen its international expansion both in Europe and in the USA, where it was already present.

The agreement also foresees the possibility of additional capital injections over the next few years, showing the clear commitment of Oncoclínicas on MEDSIR’s differential business model in the oncological clinical trials industry.

With this alliance, MEDSIR has the possibility to  enter the Latin American market and especially the Brazilian market, which is the largest oncology market in Latin America. In addition, this agreement reflects Oncoclínicas’ global commitment to the fight against cancer and support for independent research.

This strategic alliance allows MEDSIR to consolidate its international expansion, which began five years ago, and to become the leader of one of the best oncology research networks in the world, as it will now have the collaboration of more than 1,500 specialists and Oncoclínicas’ genomics and diagnostics platform for the creation and design of new intelligent assays based on the experience of its leaders and artificial intelligence.

On the other hand, the new agreement implies an expansion and improvement of Oncoclínicas’ portfolio of services, since in addition to those it already offers (radiotherapy, personalized medicine, telemedicine and complementary treatments) it incorporates the most innovative clinical and molecular research, while expanding its range of scientific collaborations, which now includes the Dana-Farber Cancer Institute (Boston) and the Weizmann Institute of Science (Israel).

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Corporate & M&A
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Corporate Tax 2022

Corporate Tax 2022 - Trends and Developments

Corporate Tax 2022 - Trends and Developments

Raúl Salas, Elena Ferrer-Sama, Pilar Vacas and Javier de Diego have collaborated in The Corporate Tax 2022 guide by writing the Spain section on Trends and Developments. 

You can consult the chapter in the following link. 

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Tax
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Corporate Tax 2022

Corporate Tax 2022 - Law and Practice

Corporate Tax 2022 - Law and Practice

Raúl Salas, Elena Ferrer-Sama, Pilar Vacas and Concha Navarro have collaborated in The Corporate Tax 2022 guide by writing the Spain section on Law and Practice. 

You can consult the chapter in the following link. 

 

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Tax
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Chambers 2022

RocaJunyent improves its position in the Chambers guides

18/03/2022
  • Banking & Finance, Real Estate and Dispute Resolution (Spain) are highlighted in this edition of the ranking
  • José Luis Pita da Veiga and Javier Vázquez enter for the first time in both the Europe and Global guides
  • Marlen Estévez and Roberto Vallina move up positions in their individual rankings

Madrid, 21 March 2022. For yet another year, RocaJunyent continues to climb positions in the Global, Europe and Fintech Legal editions of the international directory Chambers and Partners. In total, 9 of its practice areas and 13 of its professionals are highlighted in the guide.

In Chambers Europe, the Banking & Finance (Spain) and Real Estate (Spain) departments have entered the directory, while Dispute Resolution, which was already ranked in Barcelona, enters the new category of Dispute Resolution: Highly Regarded.

Regarding Banking and Finance, the directory highlights that “the advisory services received from RocaJunyent are always of high quality. They pay attention to detail but at the same time have a proactive approach and are able to provide solutions to any issue raised”.

In Real Estate, Chambers interviewees praise the lawyers’ “understanding of the business and the client”, adding: “The firm has good brand recognition, which helps in negotiations”.

Dispute Resolution also features in the new Dispute Resolution: Highly Regarded in Spain Legal Rankings. Of the department and its professionals, the directory highlights that “they understand the client’s needs, see all angles and are always in control of the situation”.

As for the professionals, José Luis Pita da Veiga (Banking and Finance) and Javier Vázquez (IP: Trade Marks & Patents) are positioned for the first year in the ranking. And Marlen Estévez (Dispute Resolution) and Roberto Vallina (Competition/European Law) improve their position by moving up a band.

In addition, this year the English directory also highlights the areas of Tax (Spain), Employment (Spain and Barcelona), Intellectual Property (Spain), Restructuring/Insolvency (Barcelona), Corporate/Commercial (Barcelona) and Dispute Resolution (Barcelona).

The professionals who maintain their prominent position in this year’s Chambers Europe Guide are Miquel Roca, Joan Roca, Albert Rodríguez, Àlex Santacana, Blanca Cortés, Blanca Usón, Juan Antonio Borràs, Raúl Salas and Xavier Foz.

Fiscal

Information Alert: Analysis of Law 5/2022, taking into account the criterion of the CJEU in relation to model 720

14/03/2022

On 10 March 2022, Law 5/2022, of 9 March, which amends Law 27/2014, of 27 November, on Corporate Income Tax, and the revised text of the Law on Non-Resident Income Tax, approved by Royal Legislative Decree 5/2004, of 5 March, in relation to hybrid asymmetries, was published in the Official State Gazette (BOE).

The aforementioned Law adapts the regulations of the Information Return on Assets and Rights Located Abroad (hereinafter, Form 720) to adapt it to the recent Ruling of the Court of Justice of the European Union (CJEU) of 27 January 2022, which declared it contrary to European Union (EU) law as regards non-applicability of statutes of limitation and its penalty regime.

Below, we set out the amendments introduced by Law 5/2022 in relation to Form 720, as well as the consequences deriving from these amendments and the possible options open to taxpayers. Consult the alert at the following link.

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Tax
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Inmobiliario

Information alert: Analysis of the preview of the Constitutional Court ruling on the nullity of the Catalan Law 11/2020

14/03/2022

Comment on the press release issued by the Constitutional Court in which it informs that the plenary partially upholds the appeal of unconstitutionality against several precepts of the Catalan Law 11/2020, on urgent measures regarding rent containment in housing rental contracts.

Consult the alert at the following link.

Published in

Real Estate Law
Laboral_RocaJunyent

Legislative news: Analysis of the impact of Royal Decree Law 3/2022 on working conditions in the transport industry

07/03/2022

On 02 March 2022, Royal Decree 3/2022, of 01 March, on measures for the improvement of the sustainability of the transport of goods by road and the operation of the logistics chain, was published in Official Gazette No. 52. It transposes (EU) Directive 2020/1057, of 15 July 2020, which establishes specific standards with respect to Directive 96/71/EC and Directive 2014/67/EU on the posting of drivers in the road transport sector, and exceptional measures in the field of price review of public works contracts (RD-L 3/2022).  

Consult the analysis of the Royal Decree Law at the following link.

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Labour
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ICLG M&A 2022

International Comparative Legal Guide 2022

International Comparative Legal Guide - Mergers and acquisitions 2022

Our partners, Natalia Martí and Xavier Costa, have collaborated in the guide "The International Comparative Legal Guide" writing the section on Spain related to Mergers and Acquisitions.

You can access the guide at the following link. 

Published in

Corporate & M&A
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Prorroga ERTE RocaJunyent

Legislative news: COVID ERTE extension and the SMI increase for 2022

28/02/2022

On 23 February 2022, two Royal Decrees have been published in the BOE [Boletín Oficial del Estado (Official Gazette)] number 46 that will condition the labour market across the board.

  1. Royal Decree-Law 2/2022, of 22 February, which adopts urgent measures for the protection of self-employed workers, for the transition to structural employment defence mechanisms, and for the economic and social recovery of the island of La Palma, and extends certain measures to address situations of social and economic vulnerability (RD-L 2/2022).  
  2. Royal Decree 152/2022, of 22 February, which sets the minimum wage for 2022 (RD 152/2022).  

You can consult the complete alert in this link.

Published in

Labour
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