Source: by Grau & Angulo via internationallawoffice.com 30 October 2017
“On July 20 2017 the (Spanish) Supreme Court confirmed a Zaragoza Court of Appeal decision of December 17 2014 and acknowledged a US company’s legal standing to file unfair competition claims. The US company had operated in the Spanish market through a Spanish company, which was its exclusive licensee.”
“The Supreme Court’s interpretation has favourably clarified that active foreign companies doing business in Spain have legal standing to sue for certain acts of unfair competition.
“The importance of this judgment lies in its departure from previous case law.”
“In its judgment, the Supreme Court emphasised the need to overcome excessively literal interpretations of rules where they may lead to absurd outcomes.”