Specialist Lawyers in International Law

Our lawyers are members of the bar in several EU member states (Spain, Greece, and Belgium) and have extensive experience in matters of international commercial contracts, European regulatory law, double taxation, and litigation with cross-border elements. Furthermore, an indispensable element of the international legal practitioner is the knowledge of several languages and the ability to move with ease between environments of different cultures and negotiation styles. At Navas Cusí, we speak a total of 5 European languages at a professional level (Spanish, English, Greek, French, and Catalan). In addition to the countries where we have a presence with our own office (Spain, Greece, and Belgium), we also have firm and stable collaborations in countries such as Germany, Italy, France, the USA, and Mexico. All these elements come together in our international law legal team, providing our clients with the guarantee of success and the legal security so sought after in an increasingly globalized business environment.

Some of the matters we work on as specialist lawyers in international law:

1. International Trade and Customs Matters

We offer expert service in the drafting of international sales contracts for goods, with special experience in the sale of agricultural products and industrial machinery. From the correct application of Incoterms that regulate the responsibility of the seller and the buyer, to the resolution of customs and tariff contingencies in European customs, our 360-degree approach offers global legal solutions for all incidents that may occur from the signing of the contract, the transport of the goods, and their customs clearance until final delivery at their destination.

2. Litigation with cross-border elements and arbitration

During the life of an international commercial contract, breaches may arise generated by the delivery of defective products, the destruction of goods during transport, or even due to a customs inspection. In these cases, special mention must also be made of controversies created by the infringement of European, national, or international trademark law. Our team has solid experience, not only before the national courts where we usually litigate (Spain, Greece, and Belgium) but also in international arbitration forums such as the ICC, EUIPO, WIPO, and IMAA (London Maritime Arbitrators Association).

3. International mergers, acquisitions, and investments

The merger of one company by another or the purchase of majority stakes in an international scope entails the need to comply with antitrust regulations, labor and tax laws, and prior risk analysis (due diligence). Especially in EU member states, where the main framework is very strict (Regulation EC 139/2004), it is very important to correctly comply with regulatory legislation to avoid not only having your operation annulled but also your company exposed to exorbitant fines and sanctions.

Our team has participated successfully and actively on multiple occasions in the acquisition of shares of public limited companies of other Member States, both with Spanish equity and through bank financing vehicles, including the constitution of subsidiaries of Spanish parent companies and the transfer of the registered office from one EU Member State to Spain and vice versa.

4. International taxation in the business and individual sphere

A particularly relevant aspect of international transactions is the compliance with tax obligations that may be generated not only in one State but also in several, depending on the nature of the operation. A very useful tool in these cases is undoubtedly the bilateral Conventions to avoid double taxation, but these do not apply to all categories of taxes that may exist.

Thus, for example, when a Spanish company, a shareholder of a Greek company, grants a loan to its subsidiary in Greece, although there is no stamp duty applicable to loans in Spain, Greek jurisprudence has considered that, since the company receiving the loan has its domicile in Greece, the operation is subject to the corresponding tax provided by Greek legislation. This makes it necessary to know how to move in the field of international taxation and provide real solutions that can save taxes for companies, such as, in the mentioned case, providing the money as a capital increase and not as a loan.

5. Advice on Public and Private International Law

In this area, cases of judicial recognition of foreign judgments for their execution in national territory (exequatur and forced execution) and the experience acquired by Navas Cusí in processing inheritances with assets or heirs abroad, including the processing of friendly and/or contentious divorces when the spouses and/or their assets are not in the same country, clearly stand out.

In addition, we offer advice on public international law, specifically in appeals of the European Convention on Human Rights before the ECHR, representing both individuals and companies when they have seen their fundamental rights, such as the right to a fair and equitable judicial process, infringed by national courts or administrations.

Firm experience: success stories and examples

Innovation and expansion in the European Union

A classic case of applying two different legal systems, managed by our firm, is the expansion of a Spanish hotel group through the acquisition of an already operational hotel in Brussels capital and the purchase of a building in Athens for its subsequent transformation into a hotel establishment. The first operation was closed exclusively by our firm in Brussels through the purchase of shares of the selling company, while the second was articulated through the creation of a subsidiary in Greece. In both cases, the firm also carried out the due diligence process prior to the acquisition of the two assets.

Protection of a European brand in the national sphere

Our firm managed to set aside a judgment of inadmissibility of an appeal before the Spanish Supreme Court by obtaining, before the Court itself, the estimation of an incident of nullity of proceedings. The matter had its origin in a trademark conflict in which our client, holder of a national trademark identical to its EU trademark, was claimed compensation by another company holder of a Spanish trademark. Our main line of defense was based on the fact that the EUIPO Board of Appeal recognized that there was no risk of confusion between the European trademark and the Spanish trademark, as it was a name lacking distinctiveness. This argument allowed our client to avoid paying more than one million euros in compensation.

Resolution of commercial conflicts in Europe

A little-known European law tool, specifically the funds retention order, was successfully processed by our firm to be able to directly block the bank accounts of the opposing party in Greece from Spain. In this way, it was guaranteed that our client, holder of a claim exceeding two million euros for the payment of goods that never reached their destination, could locate and secure funds for the subsequent phase of execution of the Spanish judgment.