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Claim for unfair competition (Ley 3/1991 LCD)

Claim for unfair competition (Ley 3/1991 LCD) is filed with Juzgado de lo Mercantil competente - LexNET. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your demanda (claim) for you. Estimated total cost: €899. Official tasa (government fee): Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them.

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We draft the civil claim for you to file with the Commercial Court (Juzgado de lo Mercantil) for unfair conduct defined in Ley 3/1991: deceptive acts, denigration, improper comparison, imitation, exploitation of another's reputation, inducement to breach a contract, breach of regulations, discrimination, selling at a loss, unlawful advertising or aggressive practices. Remedies under art. 32 LCD: declaration, cessation, removal, rectification, compensation (where there is fault) and publication. Limitation period: 1 year from the date of knowledge, 3 years from when the conduct took place.

What we charge you
€899
Managora's fee
€898.99 (21% VAT incl.)
Tasa (official government fee)
Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them. (suplido: paid to the authority on your behalf, no VAT)
Processing time
Limitation period: 1 year from the date of knowledge (LCD art. 35).
Where it is filed
Juzgado de lo Mercantil competente - LexNET ↗
What you receive
Demanda (court claim)

Cost breakdown: Our fee €899 (21% VAT incl., legal representation and procurador included). Individuals are exempt from the court tasa; companies add the tasa according to the amount claimed. Expert witnesses and the other side's costs, if any, are extra..

Claim for unfair competition (Ley 3/1991 LCD): how is it filed?

  1. 1Answer the questions (around 12 minutes).
  2. 2Payment of €899 (legal representation and procurador included).
  3. 3We file the claim via LexNET (the Spanish courts' electronic filing system) using our procurador, and send you proof of filing.

Which documents do you need?

  • •Documentary evidence of the conduct (advertising, website, contracts).
  • •Evidence of the harm suffered.
  • •Power of attorney for the procurador: we prepare it and you just need to sign it (electronically via apud acta, or before a notary).

Legal basis and things to bear in mind

  • Legal framework: Ley 3/1991 LCD + LEC.
  • Limitation period: 1 year from the date of knowledge (3 years from when the conduct took place).
  • Compensation requires intent or negligence.
  • Related procedures: denuncia_cnmc_competencia, registro_marca_oepm, oposicion_marca_oepm, medidas_cautelares.

Claim for unfair competition (Ley 3/1991 LCD): frequently asked questions

Claim for unfair competition (Ley 3/1991 LCD): how much does it cost?

We charge you €899: our fee plus, where applicable, the fixed official tasa we advance. Our fee €899 (21% VAT incl., legal representation and procurador included). Individuals are exempt from the court tasa; companies add the tasa according to the amount claimed. Expert witnesses and the other side's costs, if any, are extra.. Managora's fee is €898.99, 21% VAT included (€742.97 net + €156.02 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them..

Claim for unfair competition (Ley 3/1991 LCD): how long does it take?

Limitation period: 1 year from the date of knowledge (LCD art. 35).

Claim for unfair competition (Ley 3/1991 LCD): which documents do I need?

You need to have to hand: Documentary evidence of the conduct (advertising, website, contracts)., Evidence of the harm suffered., Power of attorney for the procurador: we prepare it and you just need to sign it (electronically via apud acta, or before a notary).. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Juzgado de lo Mercantil competente - LexNET. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Juzgado de lo Mercantil competente - LexNET ↗.

Shall we get started with «Claim for unfair competition (Ley 3/1991 LCD)»?

We file it for you, from start to finish.

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