Locations
Unification of criteria of the Commercial Courts of Andalusia: Specificities of the commercial sphere of the criteria on MASC following Organic Law 1/25.
Following the entry into force of Organic Law 1/2025 of 2 January on measures relating to the efficiency of the Public Justice Service, several courts in various judicial districts have already published their criteria on the various changes introduced by the new law and, in particular, on the use of ADR (Alternative Dispute Resolution or MASC -in Spanish-) and the procedural requirements.
Last October, the Commercial Courts of Andalusia published their criteria, in which, although most of the issues have already been unified by the LAJ or the Courts of First Instance, they consider it appropriate to rule on certain aspects specific to commercial jurisdiction:
- The prior negotiation process must be described in the claim and must have been carried out for the claim to be admissible.
- The possibility of rectification only applies to the failure to provide supporting documentation due to error.
- In commercial companies, the valid interlocutor for initiating a MASC will be the same as that required for a valid summons of the company in any declaratory proceedings.
It is important to be clear about both the content of the new Law and the supporting criteria published by the LAJ and the Courts in order to draft claims in accordance with the Law that are admissible by the Courts, but it will be necessary to wait and see what happens in practice following the resolutions of the proceedings filed.
Unification of criteria of the Commercial Courts of Andalusia
Judgment of the Court of Justice of the European Union, Eighth Chamber, Judgment of 9 October 2025, C-315/2024
The Court of Justice of the European Union (CJEU) rules on a request for a preliminary ruling concerning the interpretation of Articles 5 (paragraph 2(g) and 6(2) of Commission Delegated Regulation (EU) 2016/128 of 25 September 2015 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council with regard to specific composition and information requirements for foods for special medical purposes.
In this regard, the CJEU considers that the mention, on the front of the packaging of a food for special medical purposes, of the energy value and the amount of various nutrients, expressed per portion or per unit of consumption, when the mandatory nutrition information on the back of the same packaging contains the mention of those same elements per 100 g or per 100 ml, constitutes a duplication of the information contained in that mandatory nutrition information, which is prohibited by Article 6(2) of the aforementioned Delegated Regulation.
In this regard, in the case of foods for special medical purposes, the repetition of certain nutritional information to help consumers easily access the most important nutritional information when purchasing food products is not relevant, given that these are products intended for consumption under the supervision of health professionals.
Presentation of annual updates on Type IA variations and the application of new European variation guidelines
In accordance with Delegated Regulation (EU) 2024/1701, the Spanish Agency of Medicines and Medical Devices (AEMPS) informs that annual updates of type IA variations (Annual Update) must be submitted between nine and twelve months after the date of implementation of the first type IA variation included in said update. Due to the entry into force of the new European Commission guidelines on variations on 15 January 2026, the AEMPS reminds that, as of this date, variations classified in accordance with the currently applicable guidelines (2013) will no longer be accepted.
There are further details to be taken into account depending on the date of implementation of the variations, which can be consulted in the information notes section of the AEMPS website.
Correction of errors in Order SND/1118/2025, of 6 October, updating the reference price system for medicines in the National Health System in 2025
Last week, the Official State Gazette published a correction of errors in Order SND/1118/2025, of 6 October, updating the reference price system for medicines in the National Health System in 2025.
The change affects drugs included in the therapeutic groups anagrelide, apomorphine, leuprorelin and lanreotide, for which the reference PVL is corrected.