The judgment consolidates the approach established in Spanish Supreme Court Judgments Nos. 1209/2025 and 1777/2025, which, in practice, removes the courts’ ability to moderate the amount of compensation provided for under Article 28.3 of the Spanish Agency Act.

Until now, it was relatively common for the courts to reduce the amount of goodwill compensation based on the specific circumstances of each case. The new doctrine appears to exclude that possibility, shifting the focus of the debate to a prior question: whether the entitlement to compensation arises or, conversely, is excluded.

In this context, particular importance is attached to the requirements set out in Article 28.1 of the Spanish Agency Act for entitlement to goodwill compensation, as well as to the grounds for exclusion provided for in Article 30 of the Act.

This new legal landscape calls for particular care in the negotiation, drafting, performance and termination of agency agreements, especially in relation to the notice by which the agreement is formally terminated.

Accordingly, it is advisable to review the practices commonly followed in the drafting, performance and termination of these agreements in order to adapt them to this developing body of case law.

La entrada Legal Update: Goodwill Compensation for Commercial Agents in Spain: The End of Judicial Moderation? se publicó primero en Marimón Abogados.

The post Legal Update: Goodwill Compensation for Commercial Agents in Spain: The End of Judicial Moderation? first appeared on Marimón Abogados.

The projects, located in Andalusia, are among the most advanced within the stand-alone battery segment in the Spanish market. Together, they total 278 MW of power and more than 1,100 MWh of capacity, and are situated in Palmosilla (Cádiz) and Cerrillo (Málaga). These facilities will include synchronous condensers, contributing to enhanced grid stability.

The transaction forms part of the development of energy storage in Spain, an area that has gained increasing prominence alongside the growth of renewable energy. In this context, stand-alone projects are playing an increasingly important role in grid management and in optimising renewable generation.

Marimón Abogados advised Rolwind Renovables throughout the entire process, from the marketing phase through to the completion of the transaction. The advice was led by partner José Antonio Rodríguez García, together with the Energy and Infrastructure team.

ENGIE was advised by Gómez-Acebo & Pombo.

Further information here.

La entrada Marimón Abogados advises Rolwind Renovables on the sale to ENGIE of two battery storage projects in Spain se publicó primero en Marimón Abogados.

The post Marimón Abogados advises Rolwind Renovables on the sale to ENGIE of two battery storage projects in Spain first appeared on Marimón Abogados.

In this context, Marimón Abogados is honoured to contribute to this debate through the participation of our partner Yolanda Martínez, from the EU Competition Law Department, who has prepared a legal study on the regulation of short-term rentals (STRs) in the European Union.

The report reviews the latest case law developments, with particular emphasis on the CJEU’s ruling in the Cali Apartments SCI case, and analyses the regulatory measures that Member States may adopt in order to safeguard access to housing as a legitimate public interest.

This legal analysis is published alongside a complementary study by Claire Colomb, which examines the STR phenomenon from a sociological and urban studies perspective, thus providing a multidisciplinary insight into one of the most pressing issues for the future of European cities.

📄 The full study can be consulted here.

📄 The complementary study by Claire Colomb is available here.

La entrada The European Parliament examines the regulation of short-term rentals in the European Union se publicó primero en Marimón Abogados.

The post The European Parliament examines the regulation of short-term rentals in the European Union first appeared on Marimón Abogados.

Since 1 September 2025, the Independent Authority for the Protection of Whistleblowers (AIPI) has been operating in Spain, created pursuant to Law 2/2023 and Directive (EU) 2019/1937. Its launch was formalised through Order PJC/908/2025, published in the Official State Gazette (BOE) on 12 August.

Among AIPI’s most significant responsibilities are:

• External reporting channel: this will serve as the national mechanism for receiving and processing reports of infringements in the private sector that affect more than one autonomous community. In cases of an exclusively regional scope, the designated regional authorities will intervene.
• Support and protection for whistleblowers: the authority will provide free advice, certification of protection against retaliation, and even financial or psychological support in exceptional situations. It may also promote precautionary measures such as job reassignment or paid leave.
• Sanctioning powers: it will have the capacity to impose penalties for non-compliance in the private sector, except in those autonomous communities that have expressly assumed this responsibility.
• Other functions: it will act as an advisory body to the Government, promote preventive measures, and cooperate with regional authorities to ensure uniform application of the law.

Impact on businesses
Companies must notify AIPI of the appointment of the Internal Reporting System Officer, regardless of whether they have already communicated this to the anti-fraud offices of the autonomous communities where their registered office is located. Although the Law set a period of ten working days, a transitional provision extends this deadline until 31 October 2025 for the first appointment. Subsequent dismissals or changes must be reported within the ordinary ten-day period.
Groups of companies that appoint a single officer for all group entities will only need to submit one joint notification, without the need to do so individually for each entity.
Companies are advised to review their internal reporting channels, remain aware of the coexistence of AIPI’s external channels and those of the autonomous communities, and adopt clear measures against retaliation towards whistleblowers.
It is essential to ensure compliance with Law 2/2023, particularly with regard to the infringements set out in Title IX, as AIPI will have the authority to impose state-wide sanctions.

La entrada The Independent Authority for the Protection of Whistleblowers (AIPI) comes into operation se publicó primero en Marimón Abogados.

The post The Independent Authority for the Protection of Whistleblowers (AIPI) comes into operation first appeared on Marimón Abogados.

Growth was balanced between the Barcelona and Madrid offices, highlighting the solid performance of both locations. Over the past three years, the firm has increased its turnover by nearly 30%.

By practice area, Labour Law stood out with growth above 20%, followed by Administrative Law, which rose by around 15%.

Luis Marimón, Managing Partner, stated:

“This year has been particularly positive. We have undergone a strategic transition, opened new offices in Madrid, and strengthened our internal management. All of this confirms the firm’s solidity.”

International focus and internal reinforcement

Over 70% of the firm’s current client base is international. This global focus remains a key growth driver, not only in terms of volume but also due to the complexity and added value it demands.

2025 will be marked by the launch of the new 2024–2027 Strategic Plan. The firm has also reinforced its internal structure by appointing new heads in Human Resources, Technology, and Communications, with the aim of building a more efficient and people-centred management model.

You can read the press coverage here:

• El Confidencial
• Cinco Días

La entrada Marimón Abogados grows 7.3% and reaches €13.6 million in 2024 se publicó primero en Marimón Abogados.

The post Marimón Abogados grows 7.3% and reaches €13.6 million in 2024 first appeared on Marimón Abogados.

This new regulation establishes a comprehensive framework aimed at ensuring the quality, safety and appropriate use of regenerated water across multiple sectors, including agricultural, urban and industrial uses, while expressly excluding human consumption and food industry uses.

Among other key elements, the Royal Decree:

• Defines the actors involved in the production, supply and use of regenerated water.
• Establishes the need for prior authorisation and/or concession depending on the role.
• Introduces the obligation to submit a Risk Management Plan to the competent authority.
• Sets transitional deadlines for existing authorisation holders to adapt to the new framework.

You can consult the full analysis in the attached document below.

La entrada Update on the Spanish regulation governing the regenerated water industry se publicó primero en Marimón Abogados.

The post Update on the Spanish regulation governing the regenerated water industry first appeared on Marimón Abogados.

1. Europe: EU Competition Law and the Pharmaceutical Sector

Denigration Practices and Abuse of Dominant Position

The European Commission has addressed several anticompetitive practices, with particular focus on denigration campaigns carried out by undertakings holding a dominant position. Noteworthy cases include:

• Vifor Pharma (Case AT.40577): a campaign targeting Monofer (Pharmacosmos), based on the dissemination of misleading information. Although the infringement was confirmed, the Commission did not impose a fine, having accepted a package of commitments following a confidential settlement.
• Teva Copaxone (Case AT.40588): the Commission imposed a fine of €462.6 million for abuse of the patent system and for conducting a denigration campaign against Synthon GA.

SNBB Cartel

• Case AT.40636: sanctions were imposed on six pharmaceutical undertakings for price-fixing and market-sharing arrangements involving the active ingredient SNBB, which is essential in the manufacture of Buscopan.

Ongoing Investigation: Zoetis

• Case AT.40734: potential abuse of dominance under investigation following the discontinuation of the drug Ranevetmab, acquired through the purchase of Nexvet Biopharma.

Category Management Practices: Belgium

Fines were imposed on Johnson & Johnson Consumer, Boehringer Ingelheim, and Haleon for anticompetitive conduct in the category management of OTC medicines, involving restrictive planogram practices.

Merger Control – Authorised Transactions

In 2024 and Q1 2025, the European Commission cleared seven concentrations in the sector, including:

• Novo Holdings / Novo Nordisk / Catalent
• Carlyle / Vantive
• KKR / Impilo / Immedica
• CD&R / Opella Healthcare SAS
• Roquette / IFF Pharma Solutions
• Carlyle / SK Capital / Bluebird

2. Spain: CNMC Resolutions

Closed Proceedings

• IMQ: no indications of abuse of dominance were found and the case was closed.
• General Council of Dentists: case dismissed due to lack of sufficient evidence concerning restrictions on patients’ choice of dental prosthetics.

Ongoing Sanctioning Proceedings

• CGCOF and several Provincial Pharmaceutical Colleges (Case S/0009/23): under investigation for allegedly recommending the use of specific digital applications to the detriment of competitors.
• Sandoz, Bexal and Bluetab (Case S/0014/23): suspected exchange of sensitive commercial information regarding generic medicine orders.
• Sanitas – Generali (Case S/0008/25): possible coordination of pricing and commercial terms of insurance policies.
• HEFAME: failure to comply with commitments made in a previous merger clearance.

Approved Concentrations

Notable transactions authorised include:

• Haiyingkang / SRAAS
• Rovi / Insud / Innverte / Terafront JV
• Miura / Healthtech HTBA
• Esteve / Takeda
• Eurofins / Synlab
• Bidco / Stamina Topco

One transaction (MCH / CASP / Druni / Arenal) was cleared subject to structural and behavioural commitments. Another (Curium / IRAB) is under Phase II review, as the transaction would result in a combined market share exceeding 60% in a key market.

3. New Pharmaceutical Regulation in Spain

2024–2028 Strategy and Draft Medicines and Medical Devices Bill

In December 2024, the Spanish Government presented its Pharmaceutical Industry Strategy 2024–2028. In April 2025, it published the draft Medicines and Medical Devices Act, which introduces reforms such as:

• A new pricing system: combining selected price models and reference pricing schemes.
• Active ingredient-based prescribing: including new rules for pharmacy-level substitution based on patient preference and price thresholds.

CNMC’s Position

Since its 2022 market study, the CNMC has advocated for a more flexible framework allowing price differentiation to encourage competition. Its recommendations include:

• Allowing alternative medicines to be offered at the point of dispensing.
• Reforming reference pricing to avoid automatic price equalisation.
• Expanding the sets of medicines subject to reference pricing.

Industry Reaction

Five major pharmaceutical associations have raised concerns about the potential impact of the proposed reforms on innovation and international competitiveness. However, the legislative text remains at draft stage and is subject to parliamentary review and potential amendment.

La entrada The Pharmaceutical Sector and Competition: Developments in Europe and Spain (2024 – Q1 2025) se publicó primero en Marimón Abogados.

The post The Pharmaceutical Sector and Competition: Developments in Europe and Spain (2024 – Q1 2025) first appeared on Marimón Abogados.

Nevertheless, in recent years there has been a noticeable tightening in the scrutiny of notified transactions. This heightened rigour has resulted in an increasing number of concentrations being authorised subject to the fulfilment of commitments—whether structural or behavioural—in order to neutralise potential anti-competitive effects.

Against this backdrop, a particularly noteworthy recent case involved the CNMC closing a Phase II investigation following the withdrawal of the notifying parties. All indications suggest that the withdrawal stemmed from the parties’ inability to reach an acceptable commitments package to remedy the competition concerns identified by the authority.

The attached newsletter analyses the most significant concentrations notified in 2024 and reviews how the CNMC is adjusting its approach in this crucial area of market structure control.

La entrada Newsletter: State of affairs on merger control in Spain – 2024 se publicó primero en Marimón Abogados.

The post Newsletter: State of affairs on merger control in Spain – 2024 first appeared on Marimón Abogados.

Marimón Abogados has once again been recognised by the prestigious international directory The Legal 500, in its 2025 EMEA edition, which analyses and ranks leading law firms across Europe, the Middle East and Africa.

In this edition, seven practice areas of the firm have been highlighted, representing a significant advancement compared to the previous year and reinforcing Marimón Abogados’ position as a benchmark firm in the Spanish legal market.

Practice areas that have risen in the rankings or entered for the first time:

• Healthcare and Life Sciences – New entry in Band 4
• Dispute Resolution – Promoted to Band 5
• Employment – Included for the first time as Firm to Watch

Established areas that maintain their recognition:

• EU and Competition | Band 4
• Public Law | Band 4
• Commercial, Corporate and M&A | Band 5
• Tax | Band 6

Individual recognitions:

• Diego Crespo, partner in the EU and Competition practice, has once again been recognised as a Leading Individual.
• Yolanda Martínez, partner in the same practice area, has been distinguished as a Next Generation Partner.

The Legal 500 rankings are based on criteria such as technical legal ability, sector-specific expertise, and client feedback, obtained through independent interviews and in-depth market analysis.

La entrada The Legal 500 recognises Marimón Abogados in the EMEA 2025 guide se publicó primero en Marimón Abogados.

The post The Legal 500 recognises Marimón Abogados in the EMEA 2025 guide first appeared on Marimón Abogados.

This regime is recommended for individuals with annual incomes exceeding €60,000, those with substantial wealth, or individuals who generate capital gains abroad. To qualify for the “Beckham Law,” applicants must relocate to Spain for work or entrepreneurial purposes, acquire fiscal residency in the country, and not have been a tax resident in Spain in the previous five years. This regulation applies to both foreign nationals and Spanish nationals who meet these criteria, without any restrictions based on nationality.

For more information on the details of the “Beckham Law,” its tax benefits, and its implications for individuals considering a move to Spain, you can download the comprehensive analysis prepared by our team. This document, authored by Álvaro Crespo and Lidia Bazán, specialists in Tax Law at our firm, provides an in-depth guide to the fiscal framework of the “Beckham Law.”

La entrada The Beckham Law: Key Points to Be Aware Of se publicó primero en Marimón Abogados.

The post The Beckham Law: Key Points to Be Aware Of first appeared on Marimón Abogados.

Our Technology and Data Protection team clarifies some questions in this brief information note.

La entrada Biometric data in the workplace: efficacy vs. regulation se publicó primero en Marimón Abogados.

The post Biometric data in the workplace: efficacy vs. regulation first appeared on Marimón Abogados.

La entrada Public Procurement and Competition | Newsletter, November 2023 se publicó primero en Marimón Abogados.

The post Public Procurement and Competition | Newsletter, November 2023 first appeared on Marimón Abogados.