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European Corporate Insights | November 2021

The new edition of our #EuropeanCorporateInsights magazine provides an overview of the latest #ESG developments specific to different European jurisdictions

The new November edition of Andersen European Corporate Insights magazine provides an overview of the #ESG guidelines specific to different European jurisdictions, the #ESG criteria that companies must adapt to if they want to attract investors and the impact that ESG criteria have on investment decisions and transaction structuring. 

In addition, the magazine features two opinion articles and a dedicated section with the most relevant news from our practice group in Europe on Corporate Law and Mergers & Acquisitions.

Ignacio Aparicio, coordinator of the Corporate and M&A Service Line, and Andersen in Spain partners Santiago Fernández and Miguel Prado have participated in this edition.

You can download the magazine here.

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Tax measures incorporated in the State Budget Law for 2021 Tax Law 11/2020 of 30th December on the General State Budget for 2021 (hereinafter, "LPGE") was published in the Official State Gazette of 31st December 2020. The purpose of this Informative Note is to set out the main tax measures established by the LPGE, which have generally come into force as from 1st January 2021 and […] READ MORE >>
Impact on international transfers of the EU-UK Trade and Cooperation Agreement Technology and Telecommunications The Trade and Cooperation Agreement between the United Kingdom and the European Union was published on 23rd December to regulate relations from 1st January 2021.  Regarding transfers of personal data from the European Union to the United Kingdom, the Agreement provides, in summary, for the following: (i) They will not be considered as international transfers […] READ MORE >>
NI GA 33/2020 of 11 December on returnable packaging Tax On 11th November 2020, the AEAT Customs and Excise Department published Information Note NI GA 33/2020 of 11th December on returnable packaging in relation to packaging that may be exported and subsequently re-imported into the customs territory of the Union, clarifying the formalities required for operators to benefit from the import duty exemption applicable on […] READ MORE >>
The Supreme Court recognises the power of the administration to impose emission limit values in an IEA even though they are not covered by a previous standard Energy & Natural Resources Regarding the High Court's judgment of 3rd November 2020 READ MORE >>
Time limit for applying for registration and/or exercising certain options for VAT purposes Tax The purpose of this note is to recall that, during November 2020, certain benefits and obligations may be claimed for VAT purposes, with effect from 1st January 2021. Regarding the refund scheme for input and non-deducted VAT, as a rule, taxable persons may request a refund of input and non-deducted VAT in the statement-settlement for […] READ MORE >>
European Corporate Legal Insights | Applicable Law to Distribution Agreements in different European countries Corporate and M&A The second edition of European Corporate Legal Insights, the magazine published by Andersen's Corporate Legal Service Line in Europe, analyzes all of these issues to be taken into account in distribution agreements in different European countries READ MORE >>
The United Kingdom agrees to provide 100% support for customs improvement and automation Tax To facilitate change in the internal processes of UK-based companies, the UK government has approved a £50 million direct aid scheme with retroactive effect from 12th June 2020 READ MORE >>
The deadline for waiving applications and permits for access and connection ends Energy & Natural Resources Regarding Royal Decree-Law 23/2020 of 23rd June, which approves measures in the field of energy and other areas for economic recovery and establishes that 25th September will be the deadline for renouncing applications and permits for access and connection, without the seizure of guarantees READ MORE >>
Nullity of dismissal due to situation of Temporary Incapacity Employment Regarding the Judgment of the High Court of Justice of Galicia dated June 9th 2020 READ MORE >>
European Corporate Legal Insights | July 2020 Corporate and M&A Analysis of the restrictions on foreign investment from the COVID-19 crisis adopted by European countries. READ MORE >>
The Council of the European Union postpones the implementation date of the VAT package for e-commerce Tax On 22nd July, the Council of the European Union published a Decision amending Directives EU 2017/2455 and 2019/1995 regarding the deadline for implementation of the two Directives by the Member States. Both Directives substantially changed the distance selling regime and introduced simplification measures mainly affecting cross-border e-commerce either between other Member States or with third countries. Both […] READ MORE >>
When is it necessary to appoint a Data Protection Officer? In the wake of the first sanction by the Spanish Data Protection Agency Technology and Telecommunications The appointment of a DPO is not mandatory for all companies, although it is advisable to have a DPO in any organization that handles a significant amount of personal data READ MORE >>
Financial securites and transfer pricing Tax, Transfer Pricing Securities are instruments designed to ensure greater safety and coverage for the fulfilment of the obligations covered. For example, securities ensure the creditor institutions that the lender will comply with certain financial obligations in case the borrower is not able to bear the costs. In this case, additionally, the debtor of the main operation subject […] READ MORE >>
Collective bargaining agreement applicable to multi-service companies without their own company agreement Employment Regarding the High Court's Ruling of 11th June 2020 READ MORE >>
Change affecting stamps for distilled beverages Tax Order HAC/626/2020, of 6 July, amending Order HAC/1271/2019, of 9 December, approving the rules for the implementation of Article 26 of the Regulation on Excise Duties READ MORE >>
Leaving your post to commit a criminal act Employment Regarding the Judgment of the High Court of Justice of Extremadura of 11th February 2020 READ MORE >>
Preliminary draft Law on Waste and Contaminated Soils Tax On Tuesday, June 2, 2020, the Council of Ministers approved the draft of Law on Waste and Contaminated Soils, implementing the modifications introduced by Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018, which amended Directive 2008/98 / EC on waste as well as the so-called Directive on single-use […] READ MORE >>
Calculation of pro rata for Value Added Tax of Holding Companies in subsidiary share transactions Tax In May, the Supreme Court published two rulings -18th May SCR 428/2020 and 19th May SCR 483/2020- aimed at clarifying how the pro rata for value added tax of holding companies in certain transactions with their subsidiaries should be calculated READ MORE >>
Amendment of the European Commission’s Temporary Framework for State aid and recapitalisation or nationalisation plans Competition and EU law On 20th March 2020, in view of the exceptional nature of the situation caused by the COVID-19 pandemic, a communication from the European Commission was published in the Official Journal of the European Union setting out the so-called Temporary Framework for State aid measures to support the economy in the context of the current COVID-19 […] READ MORE >>
Amendments to the Financial Transactions Tax Bill published Tax On 13th May, the amendments to the Financial Transactions Tax ("FTT") Bill were published in the Official Gazette of the Spanish Parliament and will be the subject of a new plenary session for debate and voting in order to continue their processing. The VOX, Ciudadanos and Popular parliamentary groups have submitted refund amendments to the […] READ MORE >>
Possible impact on the agri-food sector of the imprint of non-traditional brands Agrifood Arising from the transposition of the Community Trademark Directive 2015/EU/2436, the Spanish Trademark Law 17/2001, hereinafter Law 17/2001, had to modify some of its articles. Among them, the article referring to the opening of the concept of trademarks, to include non-traditional trademarks, which have been imposed on the market, mainly due to the advance of […] READ MORE >>
Lack of respect and consideration for co-workers Employment Regarding the December 5th 2019 Ruling of the High Court of Justice of Aragon READ MORE >>
Compensation following the requisition of property or rights of individuals due to the state of alert Public and Regulatory Analysis of the compensation following the requisition of property or rights of individuals due to the state of alert READ MORE >>
Companies against Covid-19 II Employment, Public and Regulatory, Litigation and Arbitration On March 6th, we were preparing to analyse the legal contingencies that companies should consider in relation to Covid-19. Now, a few days later and amid a health emergency, we are preparing to analyse the measures adopted by the Government this past weekend READ MORE >>
Main measures in the area of taxation and customs and indirect taxation in relation to COVID-19 Tax Regarding Royal Decree 463/2020 declaring the state of alert for health crisis management and Royal Decree-Law 7/2020 adopting a series of measures to respond to the economic impact of COVID-19 READ MORE >>
Royal Decree 463/2020, of 14 March, declaring the state of alert for the management of the health crisis caused by COVID-19 Employment Regarding Royal Decree 463/2020 of 14 March, declaring the state of alert for the management of the health crisis situation caused by COVID-19 READ MORE >>
Urgent fiscal measures adopted in relation to COVID-19 Tax Urgent fiscal measures adopted by the government to respond to the economic impact of COVID-19 READ MORE >>
Coronavirus | Royal Decree-Law 6/2020 of 10th March adopting certain urgent measures in the economic sphere and for the protection of public health Employment Regarding Royal Decree-Law 6/2020 of 10th March READ MORE >>
Strengthening the family business: possibilities, strategies and solutions Litigation and Arbitration  1.- The challenges of the family business It is estimated that more than 85% of all companies in Spain are family businesses, understood as those in which ownership or decision-making power corresponds, totally or partially, to persons with family ties; that is, those in which ownership/management/control is dominated or reserved for the family sphere. In […] READ MORE >>
Application of the adaptation and distribution of the working day ex art. 34.8 Statute of Worker’s Rights to the care of children over 12 years Employment Regarding the main changes introduced by RDL 6/2019 of 1 March READ MORE >>
Transposition of the “Quick fixes” into the Spanish legal system: Amendments to the VAT Law and Regulations Tax Regarding Royal Decree 3/2020 of 4 February READ MORE >>
Proposed reform of the Code of Good Governance for listed companies Corporate and M&A The National Securities Market Commission (CNMV) submitted the proposal to amend certain recommendations of the Good Governance Code for listed companies in force since 2015 to public consultation on the 15th. Among the objectives of the reform are the following: – update some contents of the current Code to adapt them to legal changes that […] READ MORE >>
Taxation of compensation paid under the post-contractual non-competition pact: binding consultation V2736-19 of 8 October 2019 Employment On the subject of the binding consultation V2736-19 of 8 October 2019 READ MORE >>
Main developments in the field of social security introduced by Royal Decree-Law 18/2019 of 27 December Employment With regard to Royal Decree-Law 18/2019 adopting certain measures in the field of taxation, cadastre and social security READ MORE >>
Simplification and harmonisation of VAT on intra-Community goods transactions Tax The date of entry into force of this set of measures is 1 January 2020 and witch modifies the harmonisation and simplification of certain rules for value added tax arrangements in respect of the taxation of trade between Member States READ MORE >>
Special Manufacturing Taxes Tax Order HAC/998/2019, of 23 September, regulating compliance with the obligation to keep accounts of the products covered by the manufacture IIEE READ MORE >>
Guide for EU companies to a possible Hard Brexit Tax Initial analysis of a possible Hard Brexit READ MORE >>
Is your company prepared for the GDPR? Technology and Telecommunications

The new GDPR comes into force on the 25th of May 2018

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New developments in corporate tax filing Tax

On May 5, by Order HFP/399/2017, the revised Corporate Income Tax forms were approved for the 2016 fiscal year

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Conference by Íñigo Rodriguez-Sastre in the Club Español del Arbitraje Litigation and Arbitration

Presentation on the admission of evidence obtained in an allegedly unlawful manner in the framework of a conference organised by the Club Español del Arbitraje.

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Sentence of the ECJ in relation to the VAT exemption in intracommunity operations Tax

The exemption cannot be subject to registration in the Registry of Intracommunity Operators (RIO) or in the VIES

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New developments in the SII (Immediate Supply of Information on VAT) Tax

Exemption for taxable persons registered with the REDEME from the requirement to file invoicing registers for the first half of 2017

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The Spanish Supreme Court allows the use of video surveillance Employment

Regarding Video Surveillance Measures for Monitoring Employee Compliance with Work Duties and Norms

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Court decision of the Constitutional Court in relation to the IIVTNU (Tax on the Increase in Value of Urban Land) Tax

The Constitutional Court declares certain provisions of the “Provincial Law of Guipúzcoa” which regulates the IIVTNU, to be void and unconstitutional

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