Observatory on the case law on financial derivatives in renewable energy companies - Second Edition

A year-on-year statistical analysis of the judgements of the Provincial Courts and the Supreme Court has been conducted in this study, with the judgements pronounced in favour of and against investors, between 2011 and the first quarter of 2019 expressed numerically and in percentages.

Since the entire content of the published Provincial Court judgements has been analysed, in principle there should be no statistical errors. However, we would like to point out that it is possible that some judgements have not mentioned that it is a renewable energy project and that the name of the plaintiff company is not sufficiently expressive of the fact that it is a renewable energy company. This could lead to some small margin of error, which, if it exists, in view of the large sample analysed, we believe would not be statistically relevant.

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The purpose of this Privacy Policy is to inform all those people (hereinafter, “Users”) accessing and browsing the Website accessed via the https://www.fieldfisherjausas.com/ domain name and sub-domains (henceforward, “the Website”) and all those people who have provided their personal data by any other means regarding the data handling performed by JAUSAS through this Website.

Access to our Website does not require prior registration as a User. Nevertheless, by accessing and browsing the Website it is assumed that the User fully accepts this privacy policy and the policy on cookies, as well as the Website Terms of Use.


JAUSAS LEGAL Y TRIBUTARIO, S.L.P. (hereinafter, “Fieldfisher JAUSAS”), as Responsible for the Treatment, takes very seriously the privacy of the users and commits to make the maximum efforts at its disposal to respect it.

The identification data of Fieldfisher JAUSAS are:

Name: JAUSAS LEGAL Y TRIBUTARIO, S.L.P. Registered address: Passeig de Gràcia, nº 103, 7th floor, Barcelona (08008, Barcelona) Email: protecciondatos@fieldfisher.com Telephone: +34 93 415 00 88


We collect personal data in the following ways:

i. Personal data that the user provides to us: when you fill in any of the forms at your disposal on the website or any physical form or when you contract any of our services.

ii. Through cookies and similar technologies: when you visit our website, we use various technologies to collect and store information. This may include the use the use of cookies or similar technologies to identify your browser or device. You can get more information about how we treat your personal data obtained through cookies in our cookie policy.

This personal data can be classified in the following categories:

• Identifying data: name, surname, address and email, telephone.

• Data connection, Identification Data: IP, logs.


As indicated above, we treat personal data obtained through various channels. Likewise, in respect of these personal data we apply various treatments according to different purposes:

1. To attend to requests for information and/ or queries made by the user.

Conservation period: until the person concerned withdraws his consent to receive such communications.

Legal Basis: the consent of the User implicit in his application and/or consultation so that Fieldfisher JAUSAS can attend to it.

2. Make possible the use of those features made available to you on the website, including the user’s subscription to services offered through it.

Conservation period: while maintaining the contractual and/or negotiation relationship between the user and Fieldfisher JAUSAS. And once completed, the time required to comply with the applicable legal obligations.

Legal basis: Execution of contractual obligations accepted by the user and Fieldfisher JAUSAS on the website.

3. To give course to your employment application and to manage the selection processes of Fieldfisher JAUSAS, which could include your participation in various selection tests.

Conservation period: The data treated for this purpose shall be kept for a maximum of 1 year from receipt or from the end of the selection process.

Legal basis: the consent of the user implicit in his subscription to the candidacy or the submission of his personal data to selection processes of Fieldfisher JAUSAS.

4. Keep the user who is already our customer informed, even by electronic means, about the products, services, and novelties of Fieldfisher JAUSAS related to those products and services which are similar to those demanded by the user.

Conservation period: until the person concerned withdraws his consent to receive such communications.

Legal basis: the legitimate interest of Fieldfisher JAUSAS in accordance with article 21.2 of Law 34/2002, of 11 July, on services of the Information society and electronic commerce, in the existence of a prior contractual relationship, through which Fieldfisher JAUSAS lawfully obtained the contact data of its clients to use them for the sending of commercial communications related to products or services similar to those that initially were the subject of recruitment by the latter.

5. Keep the User informed, even by electronic means, about the products, services and novelties of Fieldfisher JAUSAS.

Conservation period: until the person concerned withdraws his consent to receive such communications.

Legal basis: explicit consent of the given person for the receipt of such communications.

6. Manage user interactions with Fieldfisher JAUSAS through different social network profiles (including Instagram). The data treated for this purpose will be those introduced by the users in their profile of the corresponding social network. Therefore, regulated by the Privacy Policy of that social network, of which Fieldfisher JAUSAS is not responsible.

Conservation period: the data treated for this purpose will be retained during the validity of the profile of Fieldfisher JAUSAS in the social network.

Legal basis: implicit consent of the interested party when interacting and/or follow the profile of Fieldfisher JAUSAS in the social network.


Your personal data may be accessed by third parties acting on behalf of Fieldfisher JAUSAS, providing that the data entry and processing is essential for the provision of a specific service to Fieldfisher JAUSAS. Under this scenario, Fieldfisher JAUSAS will subscribe the corresponding contract of treatment for each of those third parties, which will treat the data exclusively for the purposes that Fieldfisher JAUSAS determines in each case.

In those cases in which the user requests certain services through the Web or contacts Fieldfisher JAUSAS for intelectual or industrial property matters, his/her data can be communicated to our partner March & Asociados (March TRADE MARK, S.L.), provider of services belonging to the legal and consultancy sector in order to attend your consultation.


Fieldfisher JAUSAS applies technical, administrative and organisational security measures to protect the data we collect against accidental or illicit destruction and unauthorized loss, alteration, disclosure or access, especially when the treatment involves the transmission of data in a network, and in the face of any other illicit form of treatment.


Users may exercise against Fieldfisher JAUSAS the following rights related to their personal data: access, rectification, suppression, limitation of treatment, data portability and opposition.

Similarly, in the treatment of the data of the user whose legitimation is based on the consent given by the person concerned, he/she has the right to withdraw such consent at any time, without affecting the lawfulness of treatment based on the consent prior to withdrawal.

For the exercise of such rights, the interested party can send his/ her application, attaching a copy of his/ her DNI (National Identification Document), passport or any other valid identity document to JAUSAS LEGAL Y TRIBUTARIO, S.L.P., with registered office in Paseo de Gracia, nº 103, 7th floor, Barcelona (08008, Barcelona); or to the following email address: protecciondatos@fieldfisher.com

In any case, the Users have the right to file a complaint with the corresponding control authority if they deem it appropriate.


We will be able to revise this privacy policy in a timely manner and publish the most updated version on our website. We will inform you if your rights are considerably affected as a result of any review.

About Fieldfisher JAUSAS

On September 26th 2018, JAUSAS was officially integrated into the international law firm Fieldfisher. Under the Fieldfisher JAUSAS brand, the team and the offices of Barcelona and Madrid of JAUSAS have joined the network of the Anglo-Saxon firm which, with an annual turnover of 234M euros in 2017, has 24 offices and a team consisting of 1,350 professionals.

Several practice areas of the firm are recognized by the most important legal directories worldwide (Chambers & Partners, The Legal 500, Best Lawyers, Who is Who Legal and PLC).