Category Archives:News

Logistics Contracts amid Covid-19 crisis: Force majeure? "Rebus sic stantibus"?

The provision of logistics services is experiencing intense days. Trade and distribution in recent decades has intensified and globalized, thanks to logistics, as a comprehensive pivotal service around which the supply chain functions, that includes various types of activities also in legal terms, and our law treats as one of the so-called atypical, non-standard contracts sine does not provide for a comprehensive regulation of a logistics contract” as such (unlike sale and purchase, loan, or lease contracts).

As a “complex” contract or set of contracts, of diverse legal nature, it comprises several contracts, mainly, warehousing or deposit, transport services, packaging, stock management, quality control, testing, order preparation, customs procedures, reverse logistics, etc.

The current COVID-19 crisis requires maximizing efficiency in processes, which is precisely the raison d’être of logistics which now contributes to sustaining the life of our country at such critical moments. So now the logistics sector is affected, on the one side by the restrictions to which its clients and / or suppliers are subjected (eg “non-essential activities” are temporarily banned or put on hold) and on the other, by the sudden increase in workload, e.g. managing essential supplies, or even under requisition, with sudden and profound changes.

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Foreign direct investments in Spain. Restrictive measures

Seeing the rapid and deep loss of value of Spanish economy for to the COVID-19 crisis, particularly, of listed companies, as a protectionist measure against possible actions by foreign players who may see an opportunity Royal Decree Law 8/2020 of March 17, subsequently amended by Transitional Provision no. 2 of Royal Decree-Law 11/2020 of March 31, has just amended Law 19/2003 of June 4 of the legal regime of foreign capital movements and investments, introducing a new article 7bis whereby the general liberalization regime is suspended with a wide scope:

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CORONAVIRUS – New provisions 18-31 March, 18-31 2020 (2/2)

The measures adopted in Spain in the fight against the health and socio-economic effects of the COVID-19 “coronavirus” during the second half of March 2020 are many, of various kinds and depth, and affect practically all sectors of activity that we Amber Legal & Business Advisors summarize the key aspects in this Newsletter:

  1. Royal Decree-Law 9/2020, of March 27
  2. Royal Decree-Law 10/2020, of March 29
  3. Order SND / 307/2020, March 30 – Model Responsible Declaration.
  4. Royal Decree Royal Decree-Law 11/2020, of March 31.

In the preceding Newsletter we focused provisions of sections 1 through. This release focuses on the last one, Royal Decree-Law 11/2020 (generally effective as from April 2nd, 2020).

As continuation of our newsletters, by way of introduction, the health emergency continues, and health emergency intensifies, forcing public administrations to act and make decisions, in an extraordinary, unknown and “dynamic” crisis, in terms used by the spokespersons, lagging behind events. On March 25 Spanish Congress has resolved to extend the state of emergency until 00:00hrs of April 12, although further extension is foreseen till the end of April.

If this is so in Spanish Government and governmental agencies, one cannot expect less from citizens – both individuals and companies – mostly , self-employed workers and professionals and SMEs – who in a few days are overwhelmed by packages of laws and measures at all the levels, of tremendous importance, many lacking clarity that generates continuous explanatory and error- correction provisions, that require professional information and advice to be able to apply them correctly in order a) not to incur infractions and b) comply with the priority objective of defending people’s health, but at the same time, to the extent possible, maintain activities.

Leaving aside the numerous provisions enacted to control activities and Government internal budgetary and public -procurement provisions, the new provisions refer mainly to health and social care areas, support from policy, military, public transport, and mobility, essential services. We will focus on those most directly related to the functioning of the legal system in the economy and businesses:

4. Royal Decree-Law 11/2020, of March 31, which adopts urgent complementary measures in the social and economic field to deal with COVID-19 (BOE 04/01/2020)

It contains a new package of economic and social measures, completing and reinforcing the measures adopted over the past three weeks by the Government to mitigate the effects of the COVID-19 pandemic, extending them until the month following the end of the Emergency State, covering the following issues:

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CORONAVIRUS – Spain – Legal provisions enacted March 18 – 31 2020 (1/2)

The measures adopted in Spain in the fight against the health and socio-economic effects of the COVID-19 “coronavirus” during the second half of March 2020 are many, of various kinds and depth, and affect practically all sectors of activity that we Amber Legal & Business Advisors summarize the key aspects in this Newsletter:

  1. Royal Decree-Law 9/2020, of March 27
  2. Royal Decree-Law 10/2020, of March 29
  3. Order SND / 307/2020, March 30 – Model Responsible Declaration.
  4. Royal Decree Royal Decree-Law 11/2020, of March 31.

In this newsletter we focus on sections 1 to 3.

By way of introduction, the health emergency continues, and health emergency intensifies, forcing public administrations to act and make decisions, in an extraordinary, unknown and “dynamic” crisis, in terms used by the spokespersons, lagging behind events. Spanish Congress has resolved to extend the quarantine until 00:00hrs of April 12, although further extension is foreseen till the end of April.

If this is so in Spanish Government and governmental agencies, one cannot expect less from citizens – both individuals and companies – mostly , self-employed workers and professionals and SMEs – who in a few days are overwhelmed by packages of laws and measures at all the levels, of tremendous importance, many lacking clarity that generates continuous explanatory and error- correction provisions, that require professional information and advice to be able to apply them correctly in order a) not to incur infractions and b) comply with the priority objective of defending people’s health, but at the same time, to the extent possible, keep the activity. 

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CORONAVIRUS - Royal Decree-Law 8/2020, of March 17. Urgent Measures

After the Emergency declaration of RD 463/2020 of March 14, Spanish Government has issued a package of measures for 1 month, renewable, to maintain business activity, employment, cash-flow/financing and legal-private and public flexibility. Additional measures are expected.

From Amber Legal & Business Advisors in the following notes we highlight the provisions of greatest impact of this RD-Law to facilitate its understanding and better application given their immediacy and impact, according to the sectors, groups most affected.

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Coronavirus (COVID-19). Crisis, responsibilities. Roadmap.

Spanish Government has enacted RD 463/2020, on March 14 declaring the state of emergency in the national territory for 15 days, renewable due to the serious health crisis “Coronavirus” that exceeds the capacity of the Health public system. Uncertainty, fear, collapse and chaos arise. With this release we at Amber LBA wish to offer analysis and a basic roadmap to help overcome the crisis: What to do?

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