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BUFETE PARTNER OF HISPAJURIS, LAWYERS NETWORK WITH MORE THAN 38 HEADQUARTERS THROUGHOUT SPAIN.
Law firm founded in 1986 by the Lawyer and Economist José Luis Alonso Iglesias, under whose direction a group of qualified lawyers and professionals collaborate.
Design of Crime Prevention Protocol. Analysis of areas of criminal responsibility of the Company. Verification of compliance with legal regulations. Creation of protocols and documents. Training and implementation.
Within the area of commercial law, the activity ranges from business advice to Spanish and foreign companies to Mergers and Acquisitions.
Intellectual and industrial property lawyer
Judicial defense, trademarks and trade names, registration and transfer of domains, copyrights, licenses.
Data protection lawyer
Adaptation to European regulations, action protocols, file protection, employee training, claims to the Spanish Data Protection Agency, confidentiality agreements.
Civil liability lawyer
Medical civil liability, professional, industrial, corporate, environmental, labor and traffic accidents, among others.
Civil law lawyer
The main activity of Alonso & Asociados focuses on the Civil-Mercantile Area, developing in the Civil Area matters specific to private law such as civil liability, damages law, construction law.
Bank law lawyer
Alonso & Asociados provide legal advice services in the banking sector.
Alonso y Asociados has extensive experience in the field of insolvency law. We offer counseling, challenge, defense, due diligence ...
The aim of Alonso & Asociados is to optimise the resources and time of our clients. We intend on getting the greatest number of extrajudicial agreements and transactions.
Our department is specialised in arbitration procedures and proceedings with the aim of following our advice outside the courts, to search for effective and quick solutions that satisfy the interests of our clients.
Family law attorney
Alonso & Asociados has a specialised department in Family law, prepared to attend family crisis situations, divorces, food and every kind of processes related to underage victims, adoptions, tutoring, filiations etc.
Economic criminal lawyer
The majority of the activities of the criminal law department are focused on the economic criminal law.
In the Department of Labor Law we offer advice and service to both private and business workers, covering all the needs that arise in the labor market.
The lawyers specializing in insurance law cover all matters related to the field of insurance. From the claim management compensation for the coverage of any policy before an accident, to advice on insurance contracting, as well as the defense of the client in all types of procedures related to this matter.
Administrative law lawyer
This department advises clients, companies and individuals in their relationship with the Public Administration, thanks to our professional team that has a wide experience in this area.
Alonso & Asociados lawyers and economists offer a wide range of services related to the tax law for the specific needs of each client.
Alonso & Asociados developed a department dedicated to the study and defence of animal law. We have joined the challenge to fight for animal rights studying penal code reforms.
NOT ALL FINES FOR BREAKING CONFINEMENT CAN BE LEGAL
Many appeals against these sanctions will be successful. Through the media we are learning that there are hundreds of thousands (it is said that more than 20,000 daily throughout the country) of complaints against citizens for not respecting the quarantine and skipping the measures agreed in the state of alarm. There are even several people arrested and sent to prison for alleged offences for repeated and serious breaches. In this article we will refer to the legality of those sanctions, not criminal, for skipping confinement, since many of the cases sanctioned are being questioned by important jurists. Will the fines reach the homes of all citizens? The first question to be asked is whether, with the current means, all the fines that are being imposed these days can be processed in time. If the data is true, more than 600,000 sanctioning files will have to be processed. Let us remember that the time limit is one year, therefore, sanctions that are not processed before that time will not be effective. Those sanctioned must receive at their home the proposal for the sanction and fine with the corresponding period for making allegations if they do not agree, but they will also have the option of taking advantage of a 50% bonus for “prompt payment”. Are there any grounds for appealing against fines? According to the instructions given by the Ministry of the Interior to the agents, going out on the street without a justified reason and skipping confinement constitutes an infraction for disobedience punished with a minimum penalty of 601 euros. However, there are several legal experts who do not share this criterion and understand that disobedience can only be punished when the citizen disregards a direct and personal order from an agent of the authority, so that if a specific order is not disobeyed there can be no infringement and therefore no penalty. And all this is motivated by the fact that the Royal Decree that established the measures of the state of alarm did not include the sanctions derived from the failure to comply with these measures. There is only an infraction if the agent is disobeyed: It is in these cases where a specific order from an agent has not been disobeyed that those sanctioned can appeal instead of paying. We will see how the Courts resolve these cases in which those sanctioned choose to appeal rather than pay and rebate the fine. We must be cautious in making a diagnosis, being the best advice we can give, examine the circumstances of each particular case and wait for the notification of the sanction.
20. May 2020
DENIED BOARDING, CANCELLATION OR DELAY OF A FLIGHT. WHAT RIGHTS DO I HAVE ?
Travelers can exercise a series of rights if they suffer cancellation or delay on a flight. These are regulated and determined in Regulation (EC) No 261/2004 of the European Parliament and of the Council, of February 11, 2004, which establishes common rules on compensation and assistance to air passengers in the event of denied boarding, cancellation or long delay of flights. The rule establishes three different scenarios that we will analyze a) the denial of boarding, b) the cancellation of the flight and c) the delay of the flight. It is essential to determine that it will only apply to passengers who depart or have an airport in a Member State of the European Union as their destination. a) Regarding the denial of boarding, when the air operator anticipates that he will have to deny boarding on a flight, he must ask for volunteers to resign their flight reservations in exchange for certain benefits and assistance, such as reimbursement on within 7 days of the full cost of the ticket at the price at which it was purchased or a flight back to the first departure point as quickly as possible or an alternative transport. In case of not reaching a number of volunteers covering the places to be denied, the air operator may deny boarding to passengers against their will, and in this case they must immediately offer compensation that will vary as follows: On flights up to 1500 km, 250 euros On flights between 1,500 and 3,500 km, 400 euros Intra-community flights of more than 1,500 km, 400 euros Flights over 3,500 km, 600 euros b) In case of cancellation of a flight, assistance must be offered to passengers such as a refund within 7 days of the full cost of the ticket at the price it was purchased, or a flight back to the first starting point as much as fast as possible or an alternative transport. Sufficient food and drink and free phone calls, email services should also be offered; in the case where alternative transportation is offered and this departure takes place at least the next day, travelers must be offered hotel accommodation and transportation service between the airport and the place of accommodation. Similarly, passengers who have seen their flight canceled will be entitled to financial compensation, provided that such cancellation has not been informed in advance or it can be proven that the cancellation is not due to extraordinary circumstances that could not have been avoided. The aforementioned financial compensation will vary as follows: On flights up to 1500 km, 250 euros On flights between 1,500 and 3,500 km, 400 euros Intra-community flights of more than 1,500 km, 400 euros Flights over 3,500 km, 600 euros c) In case of flight delay, passenger rights will vary depending on the duration of the delay. Considering delay for the purposes of European regulations Of two hours or more in the case of flights of 1,500 km or less. For three hours or more on intra-community flights of more than 1500 km. Three hours or more on flights between 1500 km and 3000 km. Four hours or more on flights of superior route. Assistance must be offered to passengers, such as a refund within 7 days of the full cost of the ticket at the price it was purchased, or a flight back to the first starting point as quickly as possible or an alternative transport. Sufficient food and drink and free phone calls, email services should also be offered; in the case where alternative transportation is offered and this departure takes place at least the next day, travelers must be offered hotel accommodation and transportation service between the airport and the place of accommodation. Also establishing the right to compensation in the following cases: On flights up to 1500 km, 250 euros On flights between 1,500 and 3,500 km, 400 euros Intra-community flights of more than 1,500 km, 400 euros Flights over 3,500 km, 600 euros The term to claim these rights is 5 years as determined by our civil law. In short, it will be important to exercise our rights when we find ourselves in any of these situations, and sometimes, go to professionals so they can claim them on our behalf. Marta Alonso Méndez. Lawyer
18. Nov 2019
ONE OF MY CUSTOMERS HAS BEEN DECLARED BANKRUPT. AND NOW WHAT?
In this days, the situation in which an entrepreneur, whether large or small, finds himself with one of his clients has been declared bankrupt, is not uncommon, and in many cases, said client owes him certain credits. Given this situation, it should be clear which would be the main steps to follow and what we should do so that our debt can be paid by the debtor in bankruptcy. According to the spanish Bankruptcy Law, any person, both physical and legal, who is in a state of insolvency, that is, as indicated in the aforementioned regulations, when “he cannot regularly fulfill his enforceable obligations”, may request his declaration of insolvency, in order to initiate the appropriate procedural procedures for the payment of the debts that it has with its creditors, either by signing an agreement that establishes a form of payment or by liquidating its assets. The debtor’s creditors could also request their bankruptcy declaration, as long as the premises necessary for it are fulfilled. Well, once the insolvency of the insolvent debtor has been requested and if the Judge understands that all the legal requirements are met, he will proceed to issue the debtor’s declaration of insolvency, being that, in said order, among others pronouncement, a Bankruptcy Administration will be appointed. The Bankruptcy Administration is the one that will be in charge, among other tasks, of determining what are the assets and rights that the bankrupt has (active mass), all outstanding debts and their holders (passive mass), as well as the manner of payment to said creditors within the possibility that there is taking into account the active mass. In this same resolution of the declaration of insolvency, the appeal to the creditors will be agreed so that, within one month from the day following the publication in the Boletín Oficial del Estado (BOE) of the insolvency declaration, they inform the Bankruptcy Administration on their credits. This period is very important, since if our Bankruptcy Administration is not notified about our credits to the Bankruptcy Administration, they could be qualified as subordinates, which means that we will be the last to collect. We must clarify that according to the Bankruptcy Law, the Bankruptcy Administration will have to send an individualized communication to the creditors , informing about the beginning of the procedure and the duty to communicate the credits according to the law. Imagine that we receive a notification from a Bankruptcy Administration informing about the declaration of bankruptcy of a client, or, we have knowledge of the contest situation by other means, in this case we must urgently find out the date of publication of the declaration of insolvency in the BOE, so that, as already indicated, we proceed to communicate the credits in our favor to the Bankruptcy Administration. In this communication, the following aspects must be pointed out, and all the documents that prove the existence of the credit we notify must be attached to it: Name, address for notifications and / or email for notifications and any other identity data of the creditor.Origin of the debt, specifying the credit data (start, maturity, characteristics), and amount thereof on the date of the declaration of insolvency.The qualification that, as established in the Bankruptcy Law, we give our credit. According to bankruptcy regulations, the credits of the creditors that make up the passive mass can be qualified as follows: Privileged credits, these being the credits that are linked to part of the bankrupt’s assets, such as a mortgage loan whose guarantee is a property owned by the bankrupt (special privilege) or to the entire estate (general privilege), as developed in bankruptcy regulations.Subordinated credits, which will be those stipulated in the Bankruptcy Law.Ordinary credits, which will be all those that do not enter the rest of the qualifications, since most of the credits are of this type. There would also be credits against the mass, which are those that are accrued during the development of the procedure and that are determined by law. It can be the case that our credit is subject to a suspensive condition or that it is a litigious credit, in these cases they would be recognized as a contingent credit and with one of the qualifications indicated above (privileged, subordinate or ordinary) according to your nature. Once our credits have been communicated to the Bankruptcy Administration, we will have to wait for the Provisional Report to be issued, as well as the inventory project of the bankrupt’s active mass and the list of creditors, being as established in the Bankruptcy Law , the Bankruptcy Administration has the obligation, before submitting said reports before the judge in charge of the contest, to remit to the creditors who have communicated their credits and to those who have an electronic address, the inventory project and the list of creditors, in order that they may be interested in any modification if they are not satisfied with the recognition of their credits or with any other aspect. If we request any modification of the inventory or the list of creditors and the Bankruptcy Administration is not shown in accordance with our application, the only thing that remains is to appear in the Bankruptcy Procedure, being necessary for this purpose lawyer and attorney, in order to file a claim to challenge inventory and / or list of creditors, depending on our interests. At this point, we must point out that it can be very convenient to appear in the contest from the first moment we have knowledge of it, especially if the amount of our credit is high, or we find that our credit has some specialty, every time that, as we have indicated, the Bankruptcy Administration does not in all cases inform the creditors about the inventory of the active mass and the list of creditors, so that if we do not appear in the procedure it could be that our opportunity to recover our credit for not having been recognized or recognized, but not according to our request. Verónica Ávila Díez Lawyer.
26. Sep 2019
Second conviction against Volkswagen in Spain …
1788/5000The German manufacturer will have to reimburse an owner of an affected vehicle. Recently the second sentence of a Spanish court has been made public that condemns Volkswagen, together with the dealer dealer, to compensate the buyer of an affected vehicle, due to the deceit suffered. Pioneering sentences that will open the way: In an earlier post on our blog we commented the first of these sentences that condemned Volkswagen to indemnify. It was then a judge from Valladolid fixing the compensation at 10% of the purchase value of the vehicle. On this occasion, a new ruling ratifies the same arguments, the deception that Volkswagen committed when marketing vehicles with a tricky software that forces it to compensate the injured. Much attention if you are called from the workshop: Volkswagen has received authorization from KBA (German Federal Transport Agency) this month to implement a solution for all 1.6 TDI diesel engines. It is said that this solution will be introduced during this year 2017. If your vehicle has one of these motors and receives a call to “go through a workshop” you must exercise extreme caution and as we have been advising: Request that you give in advance the repair that will be made, detailing the technical modifications that will be made in your vehicle. And, above all, do not sign any document that supposes a waiver of your rights, which may prevent you from later claiming the compensation that corresponds to you. Our office, in coordination with the other partner offices of Hispajuris, maintains a personalized national service for the legal defense of the victims of Volkswagen.
8. Feb 2017
CONSIDERATIONS TO TAKE INTO ACCOUNT WHEN INSTALLING VIDEO SURVEILLANCE SYSTEMS IN COMMON AREAS.
Today there are many communities of owners who agree to install video surveillance cameras in common areas as a protection system for this type or areas and residents, although, before installation, and so as not to violate the regulation on data protection, it is necessary to know what are the steps to follow for its installation and start-up. Last December came into force the current regulation on Personal Data Protection, that is, the Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights. This law adapts the Spanish legal system to European Union Regulation 2016/679 of the European Parliament and Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of it. In the first place, in order for a community of owners to install surveillance cameras in their common areas, it is necessary that the installation is agreed by the Owners’ Board, taking into account, for this, what is established in article 17 of the Law of Horizontal property regarding the votes necessary for the approval of said agreement (favorable vote of three-fifths of the total of the owners who, in turn, represent three-fifths of the participation fees). In the agreement that is taken in this respect, and that, evidently, must be recorded in the “acta”, it would be convenient to specify the chosen video surveillance system, how many cameras are going to be installed and the areas that are going to be recorded. Once the Board of Owners has adopted the installation of a video surveillance system, and before putting it into operation, the community of owners must prepare the record of video surveillance treatment activities established in Article 22 of the Law on Protection of Personal Data and guarantee of digital rights. When we speak of registration, we refer to an internal document of the community of owners, in which the following aspects should be detailed: The data of the person responsible for the treatment, this being the owners’ own community. The purpose of the treatment, which would be the safety of people and goods. Category of the interested party, being, for example, the people who access the facilities. Category of data, in this case images. Days until suppression of the images, that according to the effective legislation is of 1 month from its recording. Security measures, detailing them. Also, it is necessary to inform people who access the common areas where cameras are installed that are entering a video surveillance zone. To do this, posters will be placed in the access areas to the video surveillance zone, located in totally visible places. In these posters you must clearly indicate that we are facing a video surveillance zone, the identity of the person in charge, who, as we have already indicated, would be the community owners, the possibility of exercising data protection rights and the person before which it has to be done and a reference to where to obtain more information about the processing of personal data. To facilitate this task, the Spanish Agency for Data Protection has a model of these posters. Another important aspect to take into account is the recording environment of the cameras installed, being that they can only record common areas of the community of owners, without filming the public road except the minimum strip necessary to capture access to the property of the community. Obviously, you can not record any other area that does not belong to the community. Another fact to take into account is if workers are going to be recorded, being that in that case they should be notified, informing them of the rights that correspond to the capture of images and not being able to record in their rest area. In addition, the collection must be done within the legal framework and in accordance with the provisions of the Workers’ Statute. Once we have installed the cameras according to the law allows us, it is necessary to know who, how and for how long the images can be seen. The community of owners must designate a person to be the only one who has access to the images captured and the area where the system is located. The person designated for the treatment of the images should be warned of their duty of confidentiality and secrecy, the steps to follow in the case of a data security breach and the technical measures to be used to guarantee the security of the recordings. and, therefore, the protection of the personal data of the people filmed. Both the access to the area where the recording system is located and the images that are filmed must be insured in such a way as to guarantee that only the authorized person will have access, being that if the access is made with an internet connection, restrict by means of a user system and password or any other means that guarantees access exclusivity. The location of the recording system must be a restricted area, to which, as already indicated, only authorized personnel can access. The images will be kept for a month, and after that period they must be erased. If the images show the commission of facts against persons, goods or facilities, the period of one month of storage would not be applicable, although the images must be made available to the competent authority within 72 hours from the date it is taken. Finally, note that the community of owners can hire an external video surveillance service, although this commission must be regulated by a contract that establishes the object, duration, nature and purpose of the treatment, the type of personal data and categories of stakeholders, and the obligations and rights of the person responsible. The community of owners, as responsible, must choose a person in charge of processing data that can comply with legal requirements, responding otherwise, for their duty of care before the choice of the person in charge. However, the hiring of an external video surveillance service does not exempt the community of owners from complying with the data protection regulations and with the records that it requires. As you can see, before installing in a community of owners of a video surveillance system, it is necessary to be very clear about all the necessary steps to avoid violating the right of protection of personal data of residents in the same or of the people who access it, since, nowadays, the tuition regulations on data protection is very demanding. Verónica Ávila Díez lawyer
20. Jun 2019
Precautions to be taken if the company closed the year with losses
If you are an administrator of a company that has closed the year with poor results you are interested to continue reading … Closing the exercise, it is time to take stock. We know that the annual accounts are formulated within the first quarter of the following year but it is advisable that the managers of the companies do not wait to that moment and they already value the obtained results. Despite the fact that, according to all indicators, the crisis has been overcome, it is certain that in more than one company the economic results are still bad. And beware, if in 2016 your company has generated losses perhaps the time has come to make decisions. Companies with losses … red alert !: Under commercial law, the annual accounts for 2016, which, as in most cases, are closed on 31 December, must be made by the directors of the company before 31 March 2017 and submitted for Approval to the General Meeting of Members, before June 30, 2017. But the deadline for approval until the end of June 2017 does not mean that up to that time the administrators of the company should not make decisions. On the other hand, if we close the year with accumulated losses, the company may be subject to dissolution, with the directors obliged to call a meeting to take action to remove this cause (for example an increase or reduction of capital) or to agree on the dissolution of the Company, with the opening of the liquidation phase. In addition, if the insolvency situation is concurred with the dissolution case (understood as a general breach of its payment obligations), the administrator is directly obliged to request the voluntary competition of the company. Maximum requirement for the administrator: In these cases of insolvency or cause of dissolution, the obligation to request the call or call a meeting must be made within a maximum period of two months after the Administrator knows this situation. And, be careful, in those cases where the losses are significant, it can be presumed that the manager knows the situation at the end of the year. The Law penalizes the defaulting administrator … If the administrator does not request the competition or convenes the Board within that two-month period, he may be declared personally responsible for the company’s debts. And it will not be an excuse to avoid this responsibility that the accounts are not yet approved by the partners … In conclusion, if the company is in a difficult situation, managers must comply with all the legal obligations. For this the company must have a correct legal advice to help you make timely decisions.
8. Feb 2017