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Summary of the most relevant Supreme Court and CJEU rulings on unfair contract terms in 2025. IRPH, early termination, default interest, and floor clauses.
The most important Social Chamber rulings in 2025: void and unfair dismissal, post-covid furloughs, remote work, minimum wage, and pay discrimination.
Analysis of the main 2025 Supreme Court rulings on unfair clauses in banking contracts: hidden APR, disproportionate default interest, revolving credit cards and mortgage costs.
Analysis of 2025 Supreme Court and Constitutional Court rulings on null dismissal: anti-union retaliation, pregnancy discrimination, long-term illness and exercise of fundamental rights.
Analysis of STC 182/2021 striking down the objective IIVTNU calculation method and RDL 26/2021 introducing the alternative real gain method. Implications for pending appeals.
Analysis of key Supreme Court rulings on Spain’s 2021 labour reform (RDL 32/2021): permanent discontinuous contracts, termination of temporary contracts and new contractual arrangements.
Current state of floor clause claims in Spain 2026: CJEU doctrine, 2015 Spanish Supreme Court plenary judgment, full retroactivity, statute of limitations and how to start a claim.
Analysis of the most relevant Supreme Court (Civil Chamber) rulings in 2024 and 2025 on the compensatory pensión after divorce: setting criteria, duration, extinction and modification.
Analysis of Constitutional Court and Supreme Court rulings on employer digital monitoring: corporate email access, GPS tracking, CCTV cameras and social media.
Analysis of CJEU case law and European Data Protection Authority resolutions on personal data processing by generative AI models: training, inference and right to erasure.
Analysis of Supreme Court case law on medical liability: informed consent, loss of chance, burden of proof and key 2024-2025 rulings.
Constitutional Court case law on preventive detention: proportionality principle, legitimate purposes, enhanced reasoning requirement and máximum duration doctrine.
Analysis of CJEU case law on cookies and consent: Planet49, Orange Romania, IAB TCF rulings and their application by Spain's AEPD.
Supreme Court case law on rebus sic stantibus: requirements, effects, application to leases and long-term contracts after the COVID-19 pandemic.
Analysis of Spain's cybercrime criminal framework (Arts. 197-200, 264, 270 CP) and key National Court cases: hacking, ransomware, identity theft and grooming.
The Spanish Supreme Court Social Chamber consolidated in 2023-2024 demanding doctrine on proportionality of disciplinary dismissal. We analyse sanction grading criteria, null dismissal for violation of fundamental rights and the "disciplinary record" doctrine.
Art. 24 of the Spanish Constitution guarantees the right to effective judicial protection. We analyse recent Constitutional Court doctrine on defencelessness, access to appeal, reasoning of decisions and the right to evidence.
The Supreme Court Civil Chamber clarified in 2024 the limits of vicarious liability (Arts. 1902-1903 CC) of companies and principals for harm caused by their dependants. We analyse doctrine on joint liability, the required diligence standard and adequate causation.
The Spanish Supreme Court Administrative Chamber clarified in 2024 the requirements for challenging negative administrative silence: deadlines for judicial review, effects of late notification of express decisions and tacit presumed acts vs. express acts.
The floor clause (voidness for lack of transparency) and IRPH (mortgage reference rate) are the two major chapters of banking mortgage litigation in Spain. We analyse CJEU and TS case law evolution from the Aziz ruling (2013) to the latest decisions in 2024-2025.
The damage repair mitigating factor under Art. 21.5 CP allows sentence reduction when the accused repairs harm before trial. We analyse TS requirements: voluntariness, sufficiency of repair, procedural timing and application as a highly qualified mitigating factor.
The limitation of contractual liability claims (Arts. 1101-1104 CC, general 5-year period after the 2015 reform) remains a permanent source of litigation. We analyse TS doctrine on the starting date for continuing damage, extrajudicial interruption and the effect of prior negotiations.
2024 Supreme Court (Social Chamber) doctrine on economic dismissal under Art. 52.c ET: negative economic situation, three consecutive quarters (STS 567/2024), ERTE interaction and employment commitment (STS 789/2024).
2024 Constitutional Court rulings on the tension between criminal investigation and fundamental rights: Art. 18 CE (privacy, home, communications secrecy) and Art. 24 CE (effective judicial protection). STC 14/2024, STC 89/2024 and STC 201/2023.
2024 Supreme Court (Civil Chamber) key LAU rulings: non-retroactivity of the Housing Act for pre-2023 contracts (STS 234/2024), 3% rent cap (STS 456/2024), eviction enervation (STS 567/2024) and own-use recovery (STS 678/2024).
Guide to cybercrime fraud (Art. 248.2 CP): key elements, how to file a police report, bank liability for phishing, claim before Banco de España, timelines. Updated with 2024-2025 case law.
When a player is injured or a spectator is hurt at a sports event, who is liable? We analyse the organising club's liability, mandatory federation insurance (Law 39/2022) and contributory negligence.
Updated guide on claiming abusive mortgage clauses: floor clauses, setup costs, IRPH and early termination after CJEU case law.
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