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Jerónimo Maillo

The chapter assesses the impact of the Damages Directive in Spain. Private enforcement of competition law in Spain has generally been underdeveloped in Spain, even though a number of legislative reforms were adopted in the country even before the Damages Directive to stimulate damages actions. The chapter analyses the process of transposition of the Damages Directive in Spain and the impact of the new rules on the Spanish legal framework. In particular, the chapter focuses on access to evidence and discovery rules, binding value of the decisions of the National Competition Authority (NCA), the extended limitation period to start a damage claim, the interface between private and public enforcement, and the passing-on defence. In the conclusions, the chapter assesses the impact of the new rules on the future of antitrust damages claims in Spain.

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Jerónimo Maillo

Can a State which has heavily incentivized long-term green investments for several years subsequently change the applicable framework, thus reducing the benefits for investors? To what extent and within which limits? This chapter explores these issues in the case law of the Spanish Constitutional and Supreme Courts, and above all in the arbitration awards issued by international arbitration tribunals, and reveals the existence of a double standard. It mainly focuses on the limits according to the Energy Charter Treaty and general principles of law - in particular, the need for fair and equitable treatment of investors and related aspects such as the concept of legitimate expectations and the principle of non-retroactivity. However, it also tackles correlated issues, such as the intersection between the EU State aid regime and the principle of legitimate expectations; and the different treatment of national and foreign investments.