GA_P advises ITF in litigation against Kosmos

Recognition of UK restructuring plans remains a contentious issue in the European Union. This decision by the Frankfurt am Main Regional Court is controversial, but it raises questions about the consequences of the application of the rule in Gibbs by the courts of England and Wales in this context.

The CJEU clarifies two important issues regarding the application of the Rome II Regulation: the scope of the exception relating to corporate matters and the determination of the place of damage in the case of games of chance offered via the internet from one Member State in another Member State without the licence required in the latter Member State.

The Supreme Court holds that mere knowledge that the limitation period has been interrupted in relation to another eventual joint and several co-debtor is equivalent to interruption. This doctrine will not be justified in most cases.

The Court of Justice of the European Union (Fourth Chamber), in its judgment of 1 August 2025, case C-665/23, IL v. Veracash SAS, concludes that a payer is deprived of the right to reimbursement of the amount of an unauthorised transaction if he or she delayed in notifying his or her payment service provider of the unauthorised payment transaction, even though he or she did so within 13 months from the debit date. This interpretation of the Payment Services Directive is applicable in Spain (Art. 43 RDL 19/2018) and appears to be retained in the future Regulation on payment services.

The entry into force of the 2019 Hague Convention paves the way for cooperation between Spain and the UK regarding the enforceability in each other's territory of judgments handed down in the other State.

The content of the Directive on credit servicers and credit purchasers, only of non-performing credit (NPC), has been transposed into Spanish law more than a year late. The Bill introduces the administrative regime for credit servicers and amends, among others, the Consumer Credit Act and the Real Estate Credit Agreements Act.

The determination of international jurisdiction in respect of the invalidity of a patent raised as a defence varies depending on the State — whether member or not of the European Union — in which such patent was granted.

A few thoughts on Articles 7 through 10 of the Public Service of Justice (Efficiency Measures) Act 1/2025 of 2 January.

In the assessment and billing of costs, courts may consider the collaboration of the parties in the use of suitable means of dispute resolution and any abuse of the public service of Justice, and “to this end the party ordered to pay may request a waiver or containment of costs after these have been billed”.