Ius + Aequitas | Despacho de abogados en Madrid y Santander

CONTENTIOUS-ADMINISTRATIVE LITIGATION

Tourism and Tourist Accommodation

Legal advice to companies in the tourism sector is one of our areas of specialization, both in the contractual framework and from the perspective of conflict resolution or, particularly, the challenge of regulatory norms governing the activity.

Familiar with the judicial issues that arise in this field, we have also participated in the negotiation and drafting of numerous contracts related to the provision of services in the tourism sector. These include contracts between online platforms and owners or managers of tourist apartments and vacation rentals, agreements for the creation of tourist complexes, and those necessary for coordinating the organization and management of tourism-related conferences, among others.

We provide judicial or extrajudicial advice to companies and managers in the sector regarding the requirements imposed and disputes arising with different administrative bodies in relation to the development of their activities.

Our professionals have a successful track record in challenging state, regional, and local regulations on tourist apartments and vacation rentals through contentious-administrative proceedings. We represent the National Federation of Tourist Apartments and Vacation Rentals (FEVITUR) and the main associations from various autonomous communities. As a result of the rulings issued in the appeals filed by our firm, the decrees approved by regions such as Madrid, the Canary Islands, and Andalusia, among others, have had to be modified.

Urban Planning

At the forefront of Urban Planning matters, our firm benefits from the invaluable presence of Ms. María Isabel Álvarez Tejero – former Judge of the Administrative Court of the High Court of Justice of Madrid – and Managing Partner Mr. Eliseo M. Martínez, a disciple of the prestigious Professor of Administrative Law, Mr. Ramón Parada.

We provide legal direction in administrative litigation against General and Special Plans and Urban Planning Regulations approved by various local governments, in disputes arising from the denial of administrative licenses, and in expropriation procedures with the goal of obtaining the best possible compensation for our clients.

We specialize in actions for patrimonial liability of the Administration as a result of violations of urban planning regulations, having achieved notable success in administrative litigation concerning the loss of buildability in Shopping Centers due to the irregular actions of the competent Administration.

Our close professional relationship with prestigious urban architects enables us to offer comprehensive technical-legal advice to our clients when analyzing and making arguments in all types of municipal or supra-municipal plans, managing the obtaining of licenses, or intervening in systems of urban cooperation, compensation, or expropriation.

Real Estate and Construction

We handle all types of litigation related to the declaration or claim of property ownership, possessory and lease actions, or related to the fulfillment or breach of real estate purchase or guarantee contracts.

Similarly, the firm specializes in judicial procedures related to the fulfillment of construction lease contracts, advising developers, builders, or end clients, and collaborating with architectural expert studies to verify the correct or incorrect planning, direction, or execution of works. We handle the various legal actions regulated by the Building Regulation Law and the Civil Code, among others.

The partners responsible for the ADR and Litigation Department have participated in numerous national and international arbitrations related to the breach of “EPC” (Engineering, Procurement, and Construction) contracts for major construction projects, including a tramway in Spain, a bridge in Chile, a regasification terminal in Uruguay, a cement plant in Paraguay, and an oil refinery in Peru.

Furthermore, in the real estate sector, the professionals at IUS+AEQUITAS advise on complex transactions involving the purchase, leasing, and establishment of real rights and guarantees, as well as in the negotiation and drafting of "turnkey" execution contracts, which in some cases are linked to large urban planning operations.

Associations and Foundations

At IUS+AEQUITAS, we provide legal advice in their most complex litigations to Foundations and Associations across a wide range of fields:

· Foundations dedicated to research or the promotion of knowledge and education.

· Consumer and User Associations.

· Federations and Associations in the tourism sector.

At the same time, our professionals regularly defend Federations, Associations, and Foundations in various judicial or arbitral proceedings, both against public administrations and private entities, whether against their own members or third parties who violate and fail to comply with the rights these organizations aim to protect.

We have actively contributed to the establishment and development of the day-to-day activities of many Associations and Foundations, serving as secretaries and/or legal advisors, resolving the numerous legal issues their activities raise, and handling the call and proper conduct of meetings of their governing bodies.

University Law

We have extensive litigation experience in university law. Through a public tender, we have been the external legal firm for the largest public university in Spain for ten years. We have participated in numerous litigations and provided legal advice to universities and educational institutions, not only public but also private and chartered.

Tax Litigation

At IUS+AEQUITAS, we maintain a close relationship and collaboration with renowned tax advisors. Once administrative claims presented before the Tax Agency have been exhausted, they turn to us for the study and drafting of claims in the economic-administrative process and, in any case, for the assignment of legal direction in administrative litigation against resolutions from the State, Regional, or Local Tax Authorities regarding the review of self-assessments and/or penalties.

 

Similarly, we have gained the trust of our clients to handle their litigation defense against resolutions from the Tax Agency concerning all types of taxes. We have achieved notable successes, for example, in appealing to the High Courts of Justice or the National Court against tax assessments with high penalties due to the review of Corporate Tax self-assessments in cases involving the sale of shares or stakes in major corporations.

 

Our professionals have been involved in numerous administrative and contentious-administrative proceedings related to assessments arising from transfers of assets inter vivos or mortis causa (e.g., Property Transfer Tax and Stamp Duty, Inheritance and Donations Tax, among others).

 

Thanks to our synergy with the criminal litigation department, we offer our clients technical defense in criminal proceedings for tax offenses when the amount of the alleged tax violation exceeds the legal threshold for such offenses.

LATEST NEWS

  • Sin categoría