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Mail: procesal@broseta.com

Secretary: Mayte Pons

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Home > Areas > Procedural
Procedural Law


Broseta Abogados’ Procedural Law department provides the firm’s clients with advice and procedural assistance to defend their interests both in Courts of Law and in any other venue for the settlement of disputes. In Civil and Commercial proceedings, Broseta Abogados boasts a very high success rate due to the reliability, preparation, quality and forcefulness of their arguments before the law courts. Another key factor is the early involvement of the lawyers specialising in procedural law in cases of other departments as soon as any risk the case may lead to judicial proceedings is recognised.
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- Procedural

Commercial Law
Unfair competition
Fair Trading
Trademarks
Patent rights
Commercial contracts
Executive procedures
Challenging of corporate agreements

Civil Law
Civil liability in relation to insurance policies
Procedures from intro vivos or mortis causa associations
General contracting conditions
Copyright
Civil, contractual and extra-contractual liability
Claims for payment

Criminal-economic
Tax offence
Corporate offences
Disloyal administration
Misappropriation
Punishable insolvency

Legal action
Urban development
Licences and concessions
Administrative sanctions
Expropriations
Asset responsibility

Arbitration
Sale of companies
Challenging of resolutions

- Bankruptcy proceedings

Representation of creditors
Communication of credit
Monitoring of recognition
Credit-related incidences

Request for bankruptcy proceedings
Pre-bankruptcy declaration economic-legal analysis
Request for bankruptcy
Preparation and monitoring of viability plans and proposed agreements
Legal advice and representation during liquidation phase

Exercise of the post of receivership administrator
Legal representation of receivership administration
Economist services for receivership administration
Sole Administrator services during summary proceedings

Management of large-scale debt
Analysis of origin and requirements for successful recovery
Extrajudicial and judicial phases
Management via specialist lawyers
Adaptation of specific software programmes
Ongoing and periodic information on the status of proceedings

(+) The ability and desire of our lawyers to settle disputes involving our clients out of court and on good terms is particularly noteworthy and a reflection of their understanding that this is the best way to settle disputes.

Our team of lawyers is especially experienced in proceedings concerning breaches of contract -particularly agency and distribution contracts, trade agreements, appeals against corporate resolutions, director liability actions, mortgage enforcement proceedings and the enforcement of guarantees- and the securing of interim measures.

Our participation is particularly noteworthy in some of the most important cases related to Unfair Competition in key sectors such as transport, telecommunications and textiles. Our main strengths in these matters include our skills in obtaining proof against the competitor, an essential factor in this type of action, and the procedural monitoring of this action, as well as the material assessment of the damages caused.

Broseta Abogados’ traditional dedication to commercial law means that we also deal regularly with socio-economic offences, especially those related with fraud, fraudulent bankruptcy, concealment of assets, company offences and generally all offences that fall within the scope of commercial law.

Our work in Bankruptcy Law is no less significant. We provide advice on these matters for companies with economic difficulties and creditors affected by bankruptcy proceedings. In this respect, we help companies to maximise the profits obtained from asset liquidation processes and to adopt the most suitable approaches in their negotiations with their creditors. Creditors receive advice aimed at ensuring that their bankruptcy proceedings are conducted clearly and in accordance with their best interests.

We are also particularly active in the field of Arbitration, an increasingly important means of settling disputes, especially in the world of business. In addition to defending our clients’ interests before the most relevant Arbitration Institutions, particularly in relation to corporate disputes and the buying and selling of companies, our lawyers also act as arbitrators appointed by the parties involved in a dispute or by the arbitration panels themselves.

Lastly, our Office has amassed a great deal of experience in the area of International Procedural Law, particularly in relation with the enforcement of judgements in Spain, and in preparing the trials before foreign courts and arbitration panels for our clients, in collaboration with the offices we work with in different jurisdictions.

Experience:
Outstanding projects:

- Preparation of an unfair competition lawsuit brought by a multinational goods transport company against former executives and various companies in which they participated as shareholders. Among other claims, our client claimed damages for the sum of more than 7,000,000 euros.
- Preparation of an unfair competition and infringement of intellectual property rights lawsuit brought by our client -a company dedicated to the provision of software for geriatric homes- against two former employees and companies in which they held a stake.
- Defence in an unfair competition and infringement of industrial property rights lawsuit brought by an American group against our client in relation to certain industrial machinery.
- An unfair competition and infringement of intellectual property rights lawsuit in the area of computer programs, brought by our client -a business software company- against one of its distributors.
- Defence in an action for non-contractual responsibility in construction, brought against an important shopping centre due to the alleged damages caused to buildings adjoining the new building that has been constructed.
- Arbitration lawsuit brought by our client against a multinational IT company in response to the breach of a shares exchange contract between them.
- Defence in a case of compensation for clientele in the agency agreement, brought against our client, an important leather goods manufacturer, by our client’s former business agent.
- Execution of foreign judgements and interim measures in representation of our clients.
- - Preparation of a lawsuit challenging corporate resolutions passed by a leading ceramics company on the basis of infringement of the right of information.