We offer a wide variety
of law services
01
Administrative
Law
Founded by a tenured Professor of Administrative law with over thirty years of experience, Baño León offers high quality advice on all matters regarding Administrative law.
Our thorough understanding of this field enables us to offer clients more comprehensive advice, identifying all possible legal implications of a matter and tailoring our strategy to meet each client’s specific needs.
Thus, a contractual issue might reveal a hidden State liability concern; a planning dispute might be resolved through environmental law; a sanctioning proceeding could involve breaches of personal data protections; or a public tender might contain clauses that conflict with competition law.
By combining our expertise with a diversified clientele, which includes individuals, corporations and public administrations, we are able to deliver dynamic, current and efficient legal advice.
02
Land
Planning
Baño León has extensive experience and expertise in land planning, advising on the drafting of new land planning programs, zoning projects and lawsuits involving all types of regulatory instruments, sanctions, and licences.
Among other achievements, we have successfully challenged zoning projects and urban plans, securing significant compensation for our clients.
Moreover, as a recognised expert in the field, José Mª Baño Léon was appointed to the advisory board for the reform of Spanish state laws and the
regional law of the Community of Madrid. He is also the author of one of the leading treatises on urban planning law, Derecho Urbanístico Común (Iustel ed.)
03
Environmental
Law
Environmental law issues increasingly arise in many of the firm’s cases. Baño León frequently advises individuals, corporations, and public agencies in all types of environmental law matters, including closure proceedings, licence applications, declarations to categorise certain areas as “Sites of European Community Interest” or environmentally protected zones, and the environmental obligations of waste management providers.
Among other cases, Baño León has successfully defended companies against the withdrawal of operating licences, securing compensatory damages, and has challenged environmental plans due to insufficient evidence supporting
the protection of certain species.
We also represent contractors working with public administrations in services that directly impact the environment, such as waste collection and the collection and recycling of used oils.
04
Local
Administrators
A significant portion of our clientele consists of local entities with whom we have established long-standing relationships. Our firm advises these Administrations on a wide range of day-to-day legal matters, including public service provision, contract procurement with third parties, negotiating agreements with other public administrations, granting public subsidies, and managing planning and environmental issues.
Baño León frequently represents local administrations in lawsuits filed by individuals or corporations challenging municipal administrative actions. The firm has successfully defended the interests of town halls in liability suits, shielding them from substantial financial payouts, for example, in cases related to the non-execution of previously adopted urban plans. Recently, the firm successfully defended a Local Corporation during a contentious-administrative appeal filed by a concessionary company that had sought substantial financial
compensation due to the termination of a parking concession by the Administration.
In addition, Baño León provides legal counsel to individuals in cases against public administrations on matters such as administrative licenses, permits, and taxes.
05
Public Contracts and Public Procurement
Public contracts and procurement occupy a significant portion of our lawyers'
work. Baño León advises public entities on drafting and bidding for administrative contracts, frequently preparing expert legal opinions in this field.
Additionally, the firm has successfully represented numerous private clients in cases of improper contract awards, termination proceedings due to contractual breaches, and claims for damages.
Among the firm’s recent achievements is the challenge of a contractual framework for water supply services for a municipality, which resulted in the contract being awarded to our client, as well as obtaining financial rebalancing for a public service concession contract.
The firm has also advised holders of administrative concessions that a port authority sought to revoke prematurely. Baño León has also pursued legal actions, both administratively and judicially, against public agencies for unpaid fees related to public contracts, obtaining both the overdue mounts and accrued interest.
Furthermore, José Mª Baño León, a recognized expert in the field, was recently commissioned by the Spanish Congress to contribute to discussions on reforming the Spanish Public Contracts Act.
06
Eminent
Domain
Baño León has extensive experience in public expropriations involving all types of land, assets, and rights, primarily advising affected private individuals throughout the entire expropriation process.
The firm has successfully challenged both administrative inaction in expropriation proceedings and the assessed compensation values, securing substantial indemnities. We have advised clients on expropriations by operation of law, supporting these cases from initiation and ultimately challenging the final resolutions or compensation determinations. Additionally, we have represented Public Administrations in appeals filed by property owners in expropriation proceedings.
07
Regulation and Data Protection
Baño León frequently advises clients on their interactions with regulatory agencies.
Among recent matters, we have drafted expert reports for the National Energy Commission or the Gambling Commission; we have also defended clients in
proceedings against the Spanish Securities Exchange Commission or the Spanish Data Protection Agency.
08
Competition and EU Law
Baño León provides representation in proceedings before the European
Commission and the National Commission on Markets and Competition (CNMC) regarding Spanish and EU competition laws. This includes handling sanctioning procedures for cartels, abuse of dominant position, and other anti-competitive practices, as well as merger control, state aid issues, and more. We also offer preventive advice on compliance with competition regulations for companies and business associations, their distribution contracts or cooperation agreements between competitors adhere to competition standards.
With regard to EU law, we advise on matters related to the free movement of goods, services or establishment, customs rules and the trade policy of the EU (covering trade defence instruments, sanctions, embargos, etc.), and on broader issues arising from the application of various EU policies in Spain.
Recent matters handled by the firm include representing multiple companies in cartel sanctioning procedures, advising monopolistic firms, consulting businesses on online distribution issues, and filing a complaint with the CNMC
against a Public Administration for violating competition law.
José Mª Baño León is the author of one of the leading books in the field, Potestades Administrativas Y Garantías de Las Empresas en El Derecho Español de la Competencia (McGraw Hill ed.). Both Álvaro Pascual and José Mª Baño Fos (a doctorate holder in this field) have previously worked with top-
tier law firms in Madrid and Brussels before joining Baño León.
09
Public Service and Civil Servants
Baño León frequently offers advice to civil servants and Public Administrations in matters relating to the contractual relationship between employees and the Administration.
In the past, the firm has challenged hiring processes, the reduction of public posts, and appointment processes. The firm has also counselled Public Agencies in their disciplinary actions and other personnel-related matters.
Recent successes include the annulment of a dismissal due to abuse of power, used to improperly eliminate a civil service position. Additionally, we achieved the annulment of a public service appointment decision, securing retroactive recognition of our client’s economic rights, seniority, and Social Security contributions dating back to when the appointment should have originally been granted.
10
Professional Associations
The firm has a longstanding track record of advising professional associations, including those for nurses, doctors, lawyers,
administrative clerks, and notaries.
Over the years, the firm has provided guidance to these associations to ensure their effective operation, successfully challenged general regulations affecting their interests, represented them in constitutional disputes, drafted their statutes and internal regulations, and safeguarded the interests of these professions, ensuring their proper establishment and funding.
Baño León has also advised certified professionals in disputes with their respective associations. For example, the firm has represented clients in administrative appeals against decisions denying their membership, with the courts ultimately recognizing their right to join the association and awarding financial compensation for the damages suffered.
11
Administrative Sanctions and Financial Sanctions
A significant part of the firm’s work involves advising on various types of sanctioning proceedings, including those initiated by regional governments, local entities, or regulatory bodies such as the AEPD (Spanish Data Protection Agency), CNMV (National Securities Market Commission), and CNMC (National Commission on Markets and Competition).
Recent successful cases include securing the eemoval of a sanction notice from the CNMV’s website due to data protection violations, the dismissal of a sanctioning proceeding for an alleged breach of maritime law, and obtaining interim measures that overturned an
administration’s actions in a sanctioning proceeding, which included the seizure of a production plant valued at over 8 million euros.
12
Other Areas
Baño León’s practice also extends into other areas of administrative law, such as tourism law, where the firm has advised businesses in the sector on opening permits for their establishments and on sanctioning procedures. In matters of subsidies, we have advised Administrations, private insurance companies subsidised by the State (also known as “Mutuas”), and private clients alike. The firm also has significant experience in water law, certificates of origin, Owners’ Associations, discharge control fees, retail trade regulations, and more.