Europe sets a new framework for insolvency
The European Union takes a decisive step towards the harmonisation of insolvency law with Directive (EU) 2026/799, introducing a new framework for managing corporate distress situations. The Directive strengthens legal certainty and procedural efficiency, particularly in areas such as pre-pack structures, avoidance actions, asset tracing and directors’ duties. In her article, María Bartle, partner at […]
Who is held accountable for the offense of disloyal management?
Directors’ liability is once again at the forefront of legal debate, particularly in its intersection with criminal law. The increasing expectations surrounding standards of care and loyalty in corporate management are contributing to a redefinition of the boundary between legitimate business judgement and conduct that may give rise to criminal liability. In this context, issues […]
EU Inc.Why Europe needs a new legal form to compete in the world
The European Commission has just unveiled its EU Inc proposal, a new company law regime designed to make it easier to set up and scale businesses across the EU. As Eduardo de Frutos, partner in the Corporate practice at Kepler-Karst, puts it: “EU Inc is the most ambitious attempt so far to give European companies a single, […]
Kepler-Karst advises ADC on a strategic alliance in the international football industry
Kepler—Karst has advised Asesores Deportivos Canarios (ADC) on the formalisation of a professional collaboration agreement with a leading international sports management agency for the representation of football players, including internationally active athletes. The transaction, structured in compliance with FIFA regulations, further strengthens Kepler-Karst’s expertise in sports and corporate law, consolidating its position as a leading […]
Over-indebtedness v. Over-spending
Defining the Boundaries: Debt vs. Expenditure Ceilings Over-indebtedness and over-spending are closely related concepts and often cause certain confusion, occasionally interchangeably misused, as both involve government actions that exceed planned financial limits. Understanding the distinction is important as one may directly affect the debt sustainability assessment of the country (i.e., over-indebtedness) while the other may […]
Extended Collective Licences in the Age of AI: A Prudent Withdrawal or a Missed Opportunity?
Extended collective licences return to the centre of legal debate in the context of artificial intelligence and the large-scale use of protected content for the training of models. The tension between technological innovation and the effective protection of copyright requires a rigorous analysis of the instruments available within the European framework. In particular, this mechanism is […]
Personal Insolvency Proceedings: Abuse, Fraud and Proposals for Reform
Personal insolvency proceedings have become a key pillar of the Spanish insolvency framework following the 2022 reform, particularly in connection with the second chance mechanism. Their proper application requires a rigorous technical analysis of their effects, limits and risks, both from the perspective of the good-faith debtor and the adequate protection of creditors. This debate […]
Tax Settlement (Conformity): Similarities and Differences in Administrative and Criminal Proceedings
Tax compliance has emerged as a particularly relevant mechanism in the relationship between tax authorities and taxpayers, especially in scenarios characterised by sanctioning pressure and the risk of criminal liability. Its proper use requires a precise technical assessment of its scope and consequences, both in administrative and criminal proceedings. In this context, doctrinal analysis plays a […]
Debt-for-development swaps: the Spanish response aimed at debt relief and sustainable development
External debt, largely originating from bilateral loans intended to finance productive and social development, may become a structural constraint on economic growth when external shocks occur—such as economic crises, abrupt changes in the financial environment, or climate-related events—that disrupt the balance of the contracts originally agreed upon. In this context, debt-for-development swaps emerge as a […]
The appealability of “provisional dismissal” orders
Paloma Crespo, associate at Kepler-Karst Law Firm, publishes at El Derecho an article about the cassation appealability of orders declaring provisional dismissal—an issue of particular relevance in current legal practice. The article examines the distinction between final and provisional dismissals, as well as the legal effects arising from each. While a final dismissal operates as […]
