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Resolved bank’s liability as pledgee of third-party owned shares in the bank
The fiduciary nature of the managed investment relationship supports the view that the bank should be liable for the loss of the pledged item because there would not have been such loss had the client’s order been executed prior to the bank’s resolution — but not for the reason given in the judgment.
Sale of essential assets without shareholder approval and the enforceability of such violation against third parties
The Supreme Court (Judgment no. 881/2026 of 9 June) has held that Article 234(2) of the Companies Act is applicable by analogy in a case where a company director disposed of essential company assets without the required authorisation from the shareholders in general meeting (Art. 160(f) of the Companies Act).
Emails sent by a company to its staff during collective bargaining do not always violate freedom of association
Emails sent by a company to its staff during a negotiation process do not, in and of themselves, constitute anti-union interference or unlawful pressure, provided they fall within the scope of the company’s freedom of expression and the legitimate defence of its business interests.
Public consultation now open on the Royal Decree regulating the requirements for energy sustainability, environmental sustainability, digital resilience and digital sovereignty applicable to data centres
Agreement offsetting leasehold improvements against future commercial lease payments: third-party purchaser takes the stage
Is a set-off agreement enforceable against a purchaser seeking to collect new lease payments? Although the answer is not clear-cut, ultimately the lessee will not leave without compensation for the improvements
Automotive and Sustainable Mobility No. 31
Summary of legislative and jurisprudential developments relating to the automotive sector.