Find Lawyers in Sevilla, Spain for European Union Law
Practice Area Overview
Moreover, EU law is characterised by its direct effect and primacy. The ECJ in Case Costa/ENEL recognised the supremacy of this legal order over national law.
With respect to the principle of direct effect, two aspects must be considered. First of all, the immediate or direct applicability implies that certain rules of secondary legislation become part of Member States’ national law without been previously transposed. Secondly, whenever some conditions are met, both legal and natural persons can request the application of EU law in its relations with national public administrations or even with other private persons.
Another principle to be mentioned is that of the State liability for breach of EU law. According to this principle, Spain as a member state has the obligation to make reparations for the loss and damage caused to individuals.
EU law is as relevant as Spanish law is in Spain, and it implies rights as well as obligations to the Spanish authorities and the residents and non residents in the country.
Competition is one of the main legal areas of European law, as this policy is essential for the functioning of the internal market. Within the EU, the European Commission is the main authority responsible for the protection of this market and tries to fight against anticompetitive behavior. The Commission supervises mergers and state aids. Amongst its competences, this institution can carry out investigations, take binding decisions and impose fines when companies do not compete fairly with each other.
The CNMC is the Spanish regulator which protects and rules over competition, and usually its involvement in merger control procedures is high. In Spain, two notification thresholds coexist, referring to market share and turnover volumes. European law lawyers also represent undertakings before administrative and judicial authorities in all kinds of proceedings; including sanctions and damages proceedings (either as claimants or defendants) and merger controls.
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She founded her own firm in 2011 after leading the Litigation and Bankruptcy Department at a national law firm between years 1999 and 2011. She was a Lecturer in the Litigation Department at the Law School (University of Valencia) between years 2007 and 2013 and is currently a Professor of Insolvency Law at the International University of Andalusia (Universidad Internacional de Andalucía), Universitat Jaume I in Castellón and at Catholic University of Valencia. She is an Arbitra...
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