On the 20th of October 2015, Commercial Court no. 5 of Madrid issued Ruling nº 76/2015, declaring that the payment of compensation for private copying or “private copying levy” collected from a company by certain author’s rights entities in 2006, 2007, 2008 and 2009 “was completely unjustified”, since the digital reproduction appliances and media were not purchased “for the purpose of” making “private copies of protected works, but for copying contents” related to the company’s activity. Consequently, the ruling has sentenced those entities to return the amounts paid by the companies which were unduly paid for that concept.
On 30 October 2015 the Spanish Securities Market Commission (“CNMV”) authorised the Takeover Bid for the purchase of shares in TESTA INMUEBLES EN RENTA, S.A. launched by MERLIN PROPERTIES, SOCIMI, S.A. at the end of August. The bid was launched for 100% of the share capital of TESTA INMUEBLES EN RENTA, S.A., consisting of 153,967,718 shares admitted for trading on the Stock Markets of Madrid and Barcelona and integrated into the Spanish Stock Market Interconnection System. The price offered is 13.54 euros per share and it was fixed by the bidder in accordance with the fair price provisions of article 9 of Spanish Royal Decree 1066/2007, of 27 July, on the takeover bid regulation system. After the termination of the Bid acceptance period, scheduled for 16 November 2015, the Bidder can complete the real estate purchase process initiated at the beginning of June 2015 through the subscription by MERLIN PROPERTIES, SOCIMI, S.A. of a capital increase in TESTA and a purchase and sale agreement for a stake in TESTA hitherto held by its majority shareholder. This is the first time that a company governed by Act 11/2009, of 26 October, on Publicly Listed Real Estate Investment Companies has launched a takeover bid for a company that was not previously subject to that legal system.
Last September, a British Court approved the first homologation of a debt restructuring agreement in favour of a Polish Company belonging to a Spanish industrial group (for further information, see Reorg Research). In Spain, the legal homologation process is regulated by the Insolvency Act. The legal homologation means that all new payments agreed by the debtor company with financial institutions are automatically extended to include institutions that were not a party to the agreement.
Chamber Three of the Spanish Audiencia Nacional has rejected US demands to extradite a Spanish citizen and former director of a US investment Bank, on the grounds that the crimes he was charged with were committed in the United Kingdom.
The new Spanish Act 29/2015 of 30 July, on International Cooperation in matters of Civil Law introduces significant changes regarding aspects such as international notification, taking of evidence abroad and the system for recognising and executing foreign rulings, and in particular the elimination of the reciprocity requirement in recognising rulings regulated by the Spanish Civil Procedure Act and the option that allows judges to directly submit international cooperation requests.