News

The student Clara Montero from the German School of Valencia has received the scholarship Lozano Schindhelm 2020.

The student Clara Montero from the German School of Valencia has received the scholarship Lozano Schindhelm 2020.

The Royal Decree-Law 244/2019 brought about a radical change in the regulation of domestic consumption of electronic energy in Spain. This regulation abolished the so-called "solar tax", introduced a simplified compensation system for surpluses, lifted the power limitation and made it easier to manage the own consumption. This leads to a promotion of the development of photovoltaic systems in many areas.

On April 1, the submission deadline for the 2019 fiscal year began, and taxpayers of Personal Income Tax can now file their tax returns. Despite the current state of alarm, the deadline for filing has not been modified, ending on 30 June 2020, although in the case of direct debit the deadline is 25 June.

Many legal questions arise in relation to the current events surrounding the outbreak and spread of the corona virus. We have edited a newsletter with the most important information and created a Lozano Schindhelm COVID-19-Unit consisting of our experts on the most affected legal areas.

Our activity will continue via home office until further notice

In November 2019, the Spanish Council of Ministers approved a new decree that lowers the value of the return applicable to facilities producing electricity from renewable sources, cogeneration and waste.

According to Sec. 1118 ABGB (Austrian Civil Code), the lessor can terminate a lease unilaterally prematurely if the lessee makes a “considerably detrimental use” of the leased object. The scope and content of these legal provisions is a constant source of discussion. The mere performance of structural alterations by the lessee without the consent of the lessor does not in itself justify a good cause for the termination of the lease.

State and corporate compliance obligations to combat money laundering and terrorist financing remain an utmost priority for EU member states. Companies (“legal entities”) have therefore been obliged to disclose their “beneficial owners”, among other things, for quite some time. In Austria, a separate database - the “Beneficial Owners Register” - was set up for this purpose. In course of the implementation of the 5th EU Money Laundering Directive, further tightening measures have now been adopted.

The new “Law on Trade Secrets” now implements the so-called “EU Trade Secrets Directive”. This adopts the European legal requirements for the protection of confidential know-how and secret business information. Moreover, the new legal provisions contain limitation periods and important procedural provisions for the protection of trade secrets in court proceedings.

The Chinese “Social Credit System” (SCS) is an autonomous credit rating system based on “Big Data” with the purpose of regulating economy and society. It is to be introduced nationwide by the end of 2020 as a centralised control instrument. The declared aim of the SCS is to persuade all market participants to behave in accordance with the law and regulations through self-regulation.

The flood of single-use plastic must be stopped. Recently, therefore, the EU directive “on the reduction of the impact of certain plastic products on the environment” entered into force. As a result, the use of plastics as consumer packaging and goods will change massively in the future. Manufacturers and dealers will clearly be held accountable for the sustainable use of plastics. What is new?

The European Court of Justice (ECJ) recently ruled on the long-discussed question of whether and how website operators can integrate the Facebook Like button (so-called “social plug-in”) in accordance with data protection requirements.Th ECJ’s investigation results from a legal dispute between the Consumer Association of North Rhine-Westphalia and a subsidiary of Peek & Cloppenburg KG.

Almost every company has not only a homepage, but also a Facebook page. However, a legally safe operation of a Facebook fan page is hardly possible from a data protection point of view and the data processing of Facebook is too opaque. If the operators of a Facebook fan page do not want to take any risks, the only option is to deactivate the social media page. If this is not desired from an entrepreneurial point of view and the associated risk is accepted, at least as much information as possible about the data processing processes should be provided.

A new law on company crises has significantly changed the rules applicable to limited liability companies in this respect Among other things, the liability of the company’s management was tightened. Furthermore, the tasks of the supervisory body were expanded. The reform’s true impact remains to be seen: Will there be a change in corporate culture or will there be an increase in corporate crises?

In 2018, the prices for CO2 emission certificates increased sharply. A direct effect of this was the rapid increase in electricity prices. Despite promises to the contrary, the government did not prevent this price increase. However, compensatory measures have been proposed for 2019. For some companies, these interventions are to apply beyond that date, but up to a maximum of 2028.

Entrepreneurs who do business in Poland and are registered there for VAT purposes will face new obligations as of November 2019. All companies registered in Poland as VAT payers must submit their bank accounts for inclusion in the list of taxpayers. If it is not possible to audit foreign banks via the STIR system, foreign entrepreneurs registered in Poland for VAT purposes are required to open such a special account in Poland.

In July 2019, new legal measures were introduced to combat money laundering and terrorist financing. The Romanian Companies Act was also significantly amended as a result of this. The core of the reform: In order to prevent money laundering and terrorist financing, bearer shares have been completely abolished. This means that only registered shares can be issued.

“Whistleblower” - people who point out violations of the law - will be protected even more in the future. This is the aim of a new law that came into force a few months ago. The new regulation adds to already existing provisions on the protection of whistleblowers in the employment relationship.

As of November 2019, new legal regulations will bring even more transparency into the structures of companies that make use of public tenders or state aid.The definition of a “public sector partner” is new.

In June 2019, the General Directorate of Registries and Notaries’ Offices (“DGRN”) confirmed the decision of a commercial register refusing to register a shareholders resolution. This resolution had provided for the cancellation and invalidation of a capital increase carried out shortly before and already entered in the commercial register.

The current unemployment rate in the Czech Republic is 2.7%. This corresponds to the lowest value in the EU. In view of this, the Czech government is seeking to focus the system of investment incentives on promoting projects with higher added value, in addition to combating unemployment. The “Investment Incentives Act” has therefore been substantially amended.

State aid is granted on the basis of various criteria. The region or the economic sector in which the investment is made is decisive, but also the strategic importance of the investment and the level of the investment volume. Investments in structurally weak regions receive higher subsidies than investments in industrial areas. For the award of grants, a distinction is made between six different regions.

Unmanned aircraft is a new component of the global aviation system. A new EU-Regulation on the common rules of civil aviation therefore aims on establishing rules for the use of unmanned aircraft. This Regulation is directly applicable in all Member States. Beyond the Regulation a Government Decree from 1998 on the use of the Hungarian airspace also applies to the use of drones. According to the Decree, the operation of an unmanned aircraft is permitted only on a case-by-case basis.

Schindhelm expands the network and presents Turkey as the newest member of a total of 13 countries.

Historically, a dense network of mutual investment protection agreements has developed among countries. Violations of investment protection are litigated before international arbitration courts, whose judgements are enforceable worldwide.

After the penalty due to abuse of the market-dominating position of Google search engine in 2017 as well as the fine due to illegal practices on Android mobile devices in July 2018, the EU Commission imposed another fine against Google and/or its parent group Alphabet on 20 March 2019 – this time in connection with the product AdSense for Search. Google was ordered to pay a fine of EUR 1.49 billion.

With the entry into force of the General Data Protection Regulation (EU) 2016/679 (GDPR), the data protection directive 95/46/EC applicable at that time was repealed. The applicable Bulgarian Data Protection Act had to be revised and adapted to the new requirements. For this purpose, a comprehensive amendment was adopted (state gazette 17 of 2019), through which, amongst other things, the concretisation of the provisions of the GDPR are introduced.

Influencer marketing is now among the most common forms of advertising for many companies. Instagram and other social networks offer the “opinion makers” an ideal platform for (self-)presentation and effective advertising of products. According to a current survey of the German Association for the Digital Economy (Bundesverband Digitale Wirtschaft e.V.) dated 10 November 2018, 59% of the companies surveyed use influencer marketing.

On 23 March 2019, a significant reform of the European Community trademark law took effect (legislative regulation no. 15 dated 20 February 2019 for implementation of Directive (EU) 2015/2436), by means of which a series of significant changes is introduced for trademark holders.

Polish commercial companies have been obligated since October 2018 to submit their annual financial statements and management reports exclusively electronically. This began the first phase of digitisation of registry proceedings in Poland. In a further step, the paper form has finally said goodbye. As of September 2020, changes to the facts registered in the company register or the registration of the company are to be processed completely electronically.

As of 1 May 2016, the same principles for acquisition of real estate in Poland apply to citizens and companies from member states of the European Economic Area and Switzerland as for Polish entities. These regulations also concern the acquisition of agricultural land. At the same time, on 30 April 2016, an amendment to the Polish law concerning the design of the agricultural system (hereinafter referred to as “law”) took effect.

The law on administrative disputes (law 554/2004) has undergone relevant changes which will have a significant impact on administrative procedural law. Some of the relevant changes are to be shown below.

With the amendment to the law on the promotion of tourism and the indirect change in the Labour Code, a new institution - a contribution to the holiday of employees (“holiday contribution”) – was introduced into the Slovakian legal system effective on 01/01/2019.

As part of fighting tax fraud, the tax administration of the Slovak Republic manages a project for online connection of all electronic cash registers to the tax administration portal (E – cash register).

The law 11/2018 dated 28 December has been in force since the beginning of the year. This selectively modifies the Commercial Code, the Stock Corporation Act and the Law on Auditing.

The Directorate General for Registrars and Notaries, in a brief decision, has recognised the validity of the so-called “pactum marcianum”, an exploitation clause, on the basis of which the creditor can directly exploit the object himself/herself and/or can assign it to himself/herself.

The topic of the seizure orders by the financial administration was discussed intensively in the last months in the Czech Republic both by experts and in the public. In essence, it involves the provision of § 167 of law no. 280/2009 Coll., (“Tax Procedure Code”), which gives the right to the financial administration, under certain conditions, to issue a so-called seizure order.

Justified by the goal of solving legal disputes in a fast and economical manner without filing lawsuits and thus relieving the overloaded Turkish courts, a mediation procedure is implemented as a mandatory pre-condition for filing a lawsuit according to Turkish labour and commercial law.

The Hungarian Parliament adopted the law on the restructuring of the administrative courts in December 2018. The new law will take effect on 1 January 2020.

The Directorate General for Registrars and Notaries, in a brief decision, has recognised the validity of the so-called “pactum marcianum”, an exploitation clause, on the basis of which the creditor can directly exploit the object himself/herself and/or can assign it to himself/herself.

Lecture by Lotta Hilgers and Dr. Moritz Tauschwitz with legal and tax information for real estate owners on the Costa Blanca

According to information from the Commission, there are currently approx. 16 million “cross-border” marriages and registered civil partnerships in the EU. With the so-called EU Property Regime Regulations (Regulations (EU) 2016/1103 and 2016/1104) that became effective on 29 January 2019 in the context of the so-called strengthened collaboration among the current 19 member states, the EU has set the goal for the creation of a uniform legal framework.

The tax regulations governing the establishment of permanent establishments are amended

With the German and Spanish the firm strengthens its international team of professionals and its presence in Barcelona.

Companies invest in know-how, from which there are important competitive advantages. Valuable information is the currency of the knowledge-based company. Maintaining confidentiality of business secrets is therefore a management instrument for competitiveness and research innovations. The loss of secrets can result in serious consequences, in particular, and generally can no longer be reversed.

Adaptation according to the GDPR.

The residual debt discharge (RDD) was introduced in 2015 as an exception from the princip-le of general asset liability of the debtor in the insolvency code.

With the German tax consultant, our law firm strengthens its tax department and is now able to offer advice on both Spanish and German tax law.

The electronic transmission of tenders in the award procedure is nothing new and was already standardised in the Federal Procurement Act 2006 both for the classical area and for the area of sector contractors.

Online platforms and search engines dominate Internet trading. Unilateral business conditions, non-transparent algorithms and rankings are unfortunately not uncommon.

As in the past, in the case of company sales, the seller has repeatedly neither paid salaries due nor paid social security contributions due for employees, the Bulgarian Commercial Code was amended accordingly by three successive amendments in December 2017, February and March 2018.

In July 2017, the Money Laundering Act (Geldwäschegesetz, GWG) was completely revised in Germany in the implementation of the Fourth Directive (EU) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2015/849).

Technical solutions can be protected by patents and utility models under certain conditions. By reserving commercial exploitation exclusively to the inventor for a limited period of time, technological progress should be promoted.

Until today, the legislation of some Member States of the European Union is very restrictive with regard to the transfer of the company headquarters in other Member States. It is often required that the company in the country of origin must be completely liquidated before the change of domicile.

In Italy, insolvencies can be settled through composition proceedings between the insolvency debtor and its creditors, the so-called Concordato Preventivo. So far, the assessment of economic feasibility has been the sole responsibility of the creditors concerned.

The EU GDPR came into force on 25/05/2018. The Polish draft law implementing the Regulation leads, among other things, to changes in the area of labour law.

In Poland, a law to promote new investments is to enter into force in June 2018. The law is intended to create new framework conditions for companies operating in special economic zones (“SEZ”).

The Romanian government has substantially changed the obligation to bear the costs of social security and health insurance contributions.

The Fourth Directive (EU) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2015/849) has been implemented in Slovakia by the amendment to the Act No. 297/2008 of the ECR on the prevention of the legalisation of the proceeds of crime and terrorist financing.

The Fourth Directive (EU) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2015/849) requires Member States to keep a register containing the information provided by the beneficial owners of companies registered in their territory.

In the Czech Republic, the Fourth Directive (EU) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2015/849) has been implemented by Act No. 368/2016 of the ECR.

The PSD2 Directive (EU) 2015/2366), an EU directive on the regulation of payment services, was implemented in Hungarian law in October 2017. Law No. 145/2017 entered into force on 13/01/2018 in accordance with the Directive.

Posting in the framework of transnational provision of services

As of 25 May 2018, the General Data Protection Regulation (GDPR) introduces harsh sanctions for data breaches with extended scope of applicability.Companies and other data processing entities become potential subjects not only to the data subjects’ claims for damages, the enforceability of which has been enhanced, but also to increased administrative fines to be imposed by supervisory authorities.

Today starts the 2017 Income Tax Campaign. In this regard, taxpayers of the Personal Income Tax can summit, from this day on, their income tax return. The deadline for its presentation has been extended until July 2, 2017. However, when paid through direct debit, the term ends on June 27.

The General Regulation on Data Protection (GDPR) which will apply from 25th May 2018, introduces the position of the Data Protection Officer (DPO).The DPO shall be the contact person for and shall be involved in all data protection related issues of the given entity. The DPO is an organ within the company which liaises with the authority, the company and the data subjects.

Obligation of the holders of tourist establishments to inform the Police about the travellers they are hosting

New office and amplification of our team

The General Data Protection Regulation (GDPR) adopted by the EU Parliament in 2016 provides a higher standard of protection of personal data for EU citizens. The GDPR will have direct effect in all member states as of May 25, 2018 and it will affect businesses all around the world that are engaged in activities with individuals in the EU.

She joins as new partner and head of the office in Palma de Mallorca.

The General Data Protection Regulation (GDPR) adopted by the EU Parliament in 2016 provides a higher standard of protection of personal data for EU citizens. The GDPR will have direct effect in all member states as of May 25, 2018 and it will affect businesses all around the world that are engaged in activities with individuals in the EU.

The General Data Protection Regulation (GDPR) of the EU will come into force on 25 May 2018 and it will affect organisations worldwide working with or within the EU. The GDPR promotes accountability and governance. Organisations are required to put into place comprehensive governance measures to ensure compliance. Non-compliance can lead to heavy fines up to EUR 20 million or 4 % of the global annual turnover, whichever is higher.

The town hall must prove an increase in value

The current issue of the Schindhelm Allianz Newsletter International is available online

Organized by Dr. Isabell Büschel, Of Counsel at Lozano Schindhelm

Fernando Lozano and Unai Mieza gave a seminar in Bilbao

The General Data Protection Regulation (GDPR) adopted by the EU Parliament in 2016 provides a higher standard of protection of personal data for EU citizens. The GDPR will have direct effect in all member states as of May 25, 2018 and it will affect businesses all around the world that are engaged in activities with individuals in the EU.

New sentence strengthens freedom of establishment

He supports the office in Valencia.

She supports the office in Valencia.

She supports the office in Madrid.

Binding statement from the tax administration

Lozano Schindhelm opens a new office in Madrid

Presentation in the stadium Son Malferit

She supports the new office in Madrid.

Contribution of the colleagues Carlos Fernández, Dr. Moritz Tauschwitz and José Tornero in the current issue of the journal IWRZ

The ECJ strengthens consumer protection - banks have to pay back billions

Lozano Schindhelm is in 2017 proud sponsor of the 100th anniversary of the German-Spanish Chamber of Commerce.

Guest speaker at the presentation of a guidebook for Germans in Spain

Measures against tax evasion in Spain

Spanish theme evening, Hannover, 20.10.2016 17:00 h

The new government plans to reform the gift tax

Real estate investments in Spain

Opening of a second office in Taicang

Introduction of the director of our office in Palma de Majorca

We informed about our consulting services on Yachting Law

Since spring 2016 we appear on an international scale as “Lozano Schindhelm”.

Lozano Schindhelm has been elected Best Tax Firm Spain 2016 by the Acquisition International (AI) Magazine.

We are glad to introduce you our new colleague, Carlos Fernández, as a member of L&L Schindhelm, who will be integrated in the Valencia office in the litigation, tax law and commercial law departments.

In order to get closer to our clients from the province of Castellón and the south of Tarragona and provide them a better service, we have set up a new office in the main northernmost town of the Valencian Community. Thus, we complete our presence in all provinces within this Community.

Fernando Lozano and Dr. Moritz Tauschwitz have participated in the Austria Connect Iberian Peninsula 2015, which took place the 1st and 2nd of Octobre 2015 in Madrid.

The new Law on international judicial cooperation on civil matters sets the preclusive period for the enforcement of foreign judgements in Spain at five years

After an increasing number of clients in Majorca have turned to our offices on the Spanish mainland wishing to be represented by us, we are now opening an office in the heart of Palma. Like that we are present directly at your disposal on the Germans’ favourite island and can better offer our services to all our clientes on the Balearic Islands, form Ibiza and Formentera to Menorca.

José Tornero gives a lecture within the IV. annual congress of the Spanish-Austrian Lawyers Association in Graz, the 10th of July 2015, about compliance.

Dr Burckhardt Löber, founding partner of our law-firm, has been elected the 6th of june 2015 honorary member of the the German-Spanish Lawyers Association.

We are a member of the Schindhelm alliance since 01.06.2015.