Litigation

The lawyers of B. Cremades & Asociados regularly represent their clients before the courts and tribunals of all jurisdictional bodies in Spain, including the Supreme Court and the Constitutional Court. The international litigation experience of the lawyers at B. Cremades & Asociados allows them to assist their clients abroad or in multi-jurisdictional proceedings and to represent them before international institutions such as the Court of Justice of the European Union or the European Court of Human Rights.

Services provided by B. Cremades & Asociados in relation to legal proceedings

The services of B. Cremades & Asociados include the representation of clients in the following areas:

Civil and commercial litigation

• Disputes relating to commercial distribution contracts, transportation, supply, insurance, trust, concessions, commissions, leasing, factoring, agency and franchising. Likewise, proceedings relating to boilerplate contracts and other consumer-related matters.
• Claims for damages relating to contractual and non-contractual liability actions arising from breaches of mandatory law.
• Actions for unfair competition, including acts of confusion, deception, disparagement and exploitation of the reputation of others.
• Contentious proceedings relating to wills, actions for petition and partition of inheritance, as well as the dissolution and liquidation of matrimonial property.
• Contentious proceedings relating to property law (ownership, transfer, possession and administration of movable and immovable property), as well as regarding urban and rural leases, disputes between co-owners and horizontal property disputes.
• Litigation related to construction, engineering and civil works.
• Intellectual property disputes, including copyright, assignment and licensing of rights of use and other associated rights.
• Disputes relating to violations of the right to honour, privacy and self-image, as well as the exercise of the right to rectifcation.

Banking litigation

• B. Cremades & Asociados has acquired a high degree of specialisation and experience in banking litigation by representing investors in banking disputes and claims of all kinds both in national and European jurisdictions. B. Cremades & Asociados also has extensive experience in representing Spanish fnancial institutions, managing portfolios of more than 400 cases of non-performing loans and foreclosures.

Corporate disputes

• Challenges to corporate resolutions and decisions of corporate bodies, enforcement of shareholders’ agreements, separation and exclusion of shareholders and partners, dissolution and liquidation of companies and liability of directors and managers.
• Defence of the interests of minority shareholders in joint stock companies.

Restructuring and insolvency proceedings

• Pre-bankruptcy negotiations: Advice and representation in the negotiation of restructuring plans, filing of the company’s pre-bankruptcy notifcation with the court, application for judicial approval of the restructuring plans and, where appropriate, their appeal.
• Preparation and presentation of insolvency proceedings: Pre-qualifcation strategies and defences, negotiations with creditors and, where appropriate, defnition of the liquidation strategy.
• Defence and representation of creditors in bankruptcy proceedings to safeguard their interests, with particular emphasis on actions to recover assets from the bankrupt debtor.

Public law disputes

• Appeals against administrative decisions before the administrations themselves and in contentious-administrative proceedings at all levels, including the courts of the European Union.
• B. Cremades & Asociados’ practice includes the areas of administrative sanctions and disciplinary proceedings, urban planning, violation of fundamental rights, forced expropriation, administrative contracts, liability of the State, data protection and litigation relating to regulated sectors.

Enforcements of foreign judgements

• Proceedings for the recognition and enforcement of foreign court judgements and arbitration awards, both in Spain and abroad.

Litigation abroad

• B. Cremades & Asociados also supervises and participates in multijurisdictional litigation, conducting proceedings before ordinary courts in other jurisdictions.

Recent high-profle proceedings in judicial litigation in which B. Cremades & Asociados has partcipated

Proceedings arising from the sale of Banco Popular Español

B. Cremades & Asociados has represented several investors afected by the resolution and sale of Banco Popular Español to Banco Santander before the Spanish courts and tribunals. At the same time, B. Cremades & Asociados has brought actions for annulment and non-contractual liability against the Single Resolution Board and the European Commission before the General Court of the European Union. Signifcantly, out of the more than 140 appeals filed, the Court of Justice of the European Union (CJEU) selected five, including the one filed by the frm, as pilot appeals.

Portolio management of defaulted loans and foreclosures

B. Cremades & Asociados regularly represents fnancial institutions in judicial and extrajudicial claims for defaulted loans and foreclosures. At times, the volume of the portfolio of outstanding claims has exceeded 400 cases before the Spanish courts.

Litigation related to the repurchase of Banco Santander’s Headquarters

B. Cremades & Asociados represented foreign creditors who suffered losses in excess of 425 million euros following Banco Santander’s repurchase of its Headquarters in the context of the insolvency proceedings of Grupo Marme. The work of B. Cremades & Asociados included: (i) representing the group of foreign creditors in three related insolvency proceedings in Spain involving multiple incidental claims; (ii) representing one of the foreign creditors in related civil litigation for unjust enrichment; and (iii) issuing expert reports for submission in the insolvency proceedings of some of the creditors in the United Kingdom.

Litigation related to the expropriaton of YPF, S.A. in Argentina

B. Cremades & Asociados has advised and represented YPF, S.A. in various proceedings related to the Petersen Group’s claim against the Argentine Republic and YPF, S.A. Among others, B. Cremades & Asociados represented YPF, S.A. in the insolvency proceedings of the Petersen Group companies. Likewise, B. Cremades & Asociados advised and represented YPF, S.A. in an international judicial assistance proceeding whereby the U.S. District Court for the Southern District of New York, at the request of YPF, S.A., ordered the production of certain documents from a Spanish listed company.

Codere case (challenge to board resolutions)

The Firm represented two founding shareholders in important and complex disputes with investment funds who sought to take over the control and management of the company. Among other matters, B. Cremades & Asociados’ representation included challenging board resolutions that were adopted by the company’s board of directors relating to the removal of the founding shareholders as Chairman and Executive Vice-Chairman of the Board of Directors.

Recogniton and enforcement of a court judgement against the FARC and the ELN

Recognition in Spain (exequatur) of a judgement issued in the United States of America ordering the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN), both from Colombia, to pay compensation of more than 25 million U.S. dollars to an individual.