The liability of the service provider and the Directive on liability for defective products
Judgment of the CJEU of 21 December 2011, case C-495/10, Centre hospitalier universitaire de Besançon v Thomas Dutrueux and Caisse primaire d'assurance maladie du Jura
CAPSULAS Nº 131
Background During a surgery performed in a French hospital, a patient suffered burns caused by a defective heated mattress. The hospital was ordered to pay compensation to the patient and to the insurance company of the Jura region. The hospital lodged an appeal against this judgment with the Conseil d´État arguing that the court had... Read More
Obtaining adequate informed consent is essential in order to prevent liabilities
Judgment of the High Court of Justice of La Rioja, of 17 October 2011, on the liability of the Administration for damage caused by the administration of a medicine
CAPSULAS Nº 131
Background Last month an interesting judgment of the High Court of Justice of the region of La Rioja was made public. This judgment stresses once more the importance of adequately documenting the informed consent of the patient with the aim to prevent the possible claim for liabilities for damages caused by the administration of a... Read More
Andalusia anticipates the development of the selected price system for medicinal products and medical devices
Decree-Law 3/2011, of 13 of December, approving urgent measures on pharmaceutical provision of the Public Healthcare System of Andalusia
CAPSULAS Nº 131
On 16 December the Government of the Andalusia region published Decree-Law 3/2011. With this instrument the regional government aims at giving an impulse to a new reduction in the public expenditure on pharmaceutical products in Andalusia, on the basis of the new rules on prescription by active ingredient. Main novelties With this regulation the Andalusian... Read More
The CNC imposes multi-million euro fine for price fixing in public tenders
Resolution of the Spanish Competition Authority (CNC), of 19 October 2011, (Case S/0226/10 Roadwork tendering)
CAPSULAS Nº 130
Anti-competitive practice The CNC has imposed fines amounting to more than 44 million Euros to 46 companies in the construction sector for dividing up tenders and fixing prices in public tenders of road paving. In such tenders the Administration established a reference budget and each selected company had to submit its offer by indicating the... Read More
The Supreme Court validates defects that do not change the result of the awarding and the assessment of documents by the Administration
Judgment of the Contentious-Administrative Chamber (Section 7) of the Supreme Court of 3 November 2011
CAPSULAS Nº 130
Background The judgment of the Supreme Court resolves the complaint lodged against the awarding by open procedure and through tender of an agreement for the supply of a vaccine. The appellant contested the awarding of the agreement on the ground of: a) improper assessment of the awarding criterion “lower economic cost” since it did not... Read More
Entering into long term agreements may constitute an abuse of a dominant position
Resolución de la Comisión Nacional de la Competencia (CNC), de 24 de Octubre de 2011, (Expte. S/004/08, Televenta)
CAPSULAS Nº 130
Background In this case, the CNC analyzes, among other issues, whether the fact that the department store El Corte Inglés entered into several agreements with television operators to broadcast teleshopping programmes constitutes an infringement of the Spanish Competition Law and, especially, an abuse of a dominant position. The market share as a reference value The... Read More
No additional requirements may be imposed as regards matters that have been totally harmonized by the European Union
Sentencia del TJUE, de 24 de Noviembre de 2011, en los asuntos acumulados C-468/10 y C-469/10 “ASNEF y FECEMD vs. Administración General del Estado”
CAPSULAS Nº 130
Background On 24 November the Court of Justice of the European Union (CJEU) issued its judgment on several preliminary rulings concerning Spanish legislation on personal data protection. The judgment deals with a delicate issue: the conditions necessary for a company to be able to process these data without the need to obtain the consent of... Read More
Homogeneous groupings should only include marketed SKU’s for which there is a real possibility of substitution
On Royal Decree-Law 9/2011 and the Judgments of the National High Court of 21 of September of 2011
CAPSULAS Nº 129
Case law on groups At the end of last year, in a Judgment of 9 December, the National High Court (Audiencia Nacional) modified its criteria on whether presentations (sku’s) of products which were not effectively marketed could be taken into consideration in order to create a group and calculate the reference price. Until then, case... Read More
The ban on Internet sales within selective distribution networks is possible if it is objectively justified
Sentencia del Tribunal de Justicia de la Unión Europea (TJUE) de 13 de Octubre de 2011, asunto C-439/09, Pierre Fabre
CAPSULAS Nº 129
Background The French company Pierre Fabre markets some of its cosmetics and personal care products through selective networks of authorized distributors. The contracts with such distributors establish the obligation that the sales of the products have to be made in the presence of someone with a degree in Pharmacy so that the client may obtain... Read More
Contracts with Public Authorities in Spain
Published by Kluwer Law International under the auspices of the Center for International Legal Studies
COMPARATIVE LAW YEARBOOK OF INTERNATIONAL BUSINESS, VOLUME 21, 1999
Contracts with Public Authorities are subject to the principles of competition and publicity, unless otherwise set out by law and, in all circumstances, to the principles of equality and non-discrimination. The relevant requirements for contracts with the public authorities to be validly entered into are the following: (1) Capacity of the contracting body; (2) Capacity of the awardee contractor;... Read More