We invite you to read our new Information Alert of May, in which we discuss the entry into force of the registration of the workday on 12 May 2019, mandatory established by Royal Decree-Law 8/2019, of 8 March, on urgent measures of social protection and the fight against job insecurity in the workday.
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We invite you to read our new Information Alert of July, in which we discuss the measures introduced by Directive (EU) 2019/1152 of the European Parliament and of the Council, of 20 June, concerning transparent and predictable working conditions in the European Union and by Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June, on the reconciliation of family life and professional life of parents and caregivers, and repealing Council Directive 2010/18/EU.
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On 14 January, the Government laid its draft of the State Budget Bill for 2019 before the Spanish Congress of Deputies. The Bill envisages a number of tax changes we believe to be highly relevant.
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We invite you to read our new Information Alert of July, in which we discuss the cancellation, by the High Court of Justice of Catalonia, of the Regulations of the Tax on Packaged Sugary Beverages (IBAE).
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We invite you to read our new Alert of May, in which we discuss the first application of tax on non-productive assets of legal entities established by Decree-Law 8/2019, of 14 May.
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We invite you to read our new Information Alert of December, in which we discuss the entry into force of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.
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We invite you to read our new Information Alert of December, in which we discuss the entry into force of Organic Law on the Protection of Personal Data and guarantee of digital rights.
Topics covered:
Find the alert in the attached pdf. (Alert only available in Spanish)
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Law 6/2018 introduced few changes to Law 27/2014 regulating Corporate Tax, but some of the changes are of considerable importance.
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The Department of Labour at Madrid’s ROCA JUNYENT Office, led by the consultant partner Mr. Luis Enrique de la Villa Gil, has been advising and directing the legal strategy of the Union Section of RYANAIR’s SEPLA in the dispute maintained with the airline to acknowledge the application of Spanish labour law and the jurisdiction of our courts regarding its pilots.
Madrid, October 26, 2018.- Whereas in Europe, or even among cabin crew in Spain, they opted to call for a strike, Spanish pilots opted to go through the court by initiating collective legal actions, which have been essential to expediting negotiations that ultimately resulted in the signed agreement.
On Tuesday, the agreement, which marked a milestone in the company’s labour relations, prevented a trial through collective legal action, which was indicated for 30 October at the National Hearing.
Until now, the employment-class pilots hired by RYANAIR in Spain were subject to Irish labour law and to the courts of that nationality. The airline recognises the application of Spanish law, for probation periods and maternity and paternity leave periods from the same signing and in general before 31 January, 2019. Consequently, the jurisdiction of the Spanish courts and also the right of the SEPLA Union Section to appoint seven union delegates and negotiate a statutory collective bargaining agreement with them within the fringe covenant modality is acknowledged from that date on.
With respect to the pilots hired by RYANAIR through brokers or intermediary companies, the company agreed to offer employment contracts to crew members subject to this regime who are based in Spain, considering the requests that these pilots presented at the beginning of each year. In any case, SEPLA expressly reserves the right to exercise timely actions in favour of their employment contract.
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Commercial Court No. 6 in Madrid assesses the demand for the Juego Limpio (Fair Play) Platform represented by Roca Junyent and declares that the State Company for Lotteries and Betting (SELAE) has acted unfairly, abusing the economic dependence of lottery administrations. SELAE is ordered to stop selling National Lottery décimos (minimum tickets) online.
Madrid, 11 April, 2019.– State Lotteries and Betting Sites will stop selling National Lottery tickets through their websites. This was declared in judgement 139/2019, made public on Tuesday by Commercial Court number 6 of Madrid, and which assesses the demand for the Juego Limpio Platform, which comprises 200 lotteries from all over Spain, represented by the Roca Junyent office.
The Commercial Court found that the State Company of Lotteries and Gambling has abused the situation economic dependency of lottery administrations. In this regard, SELAE prohibits the administrations from selling products other than those of the SELAE itself; however, the State Company of Lotteries and Gambling, in contrast, has sold tickets over its website since 2015.
José Carlos Escrig, Chairman of the Board of the Juego Limpio Platform, is pleased with “a ruling that, after years of litigation, condemns acts of unfair competition on the part of SELAE. Some activities have resulted in a decrease in the business of lottery.
Meanwhile, Roberto Vallina, a partner in the EU Competition and Law Department at Roca Junyent, said that “this order highlights the situation of total economic dependence in which lottery administrations find themselves in relation to SELAE and how SELAE has abused that dependence. The court order, which benefits the entire industry and not just this association, is critical to restoring the rights of those affected.”
However, the Juego Limpio Platform considers the judgement insufficient and has already decided to lodge an appeal. Lottery dealers believe that the banning of selling National Lottery tickets should include all establishments that are not traditional administrations. These are the so-called mixed establishments, which are mostly made up of kiosks, bars or state-run tobacco stores, and in general businesses whose main activity is not the sale of lottery tickets but which can be sold if the sales thereof account for less than 50% of their revenue.