Javier Torre de Silva
Javier Torre de Silva
Paseo de Recoletos 7–9
Javier Torre de Silva has been practising as a lawyer at CMS Albiñana & Suárez de Lezo for 23 years, working across several legal disciplines. He currently leads CMS' global telecommunications group and is head of CMS Spain's TMT department. Javier also advises on public law and regulated sectors and is the co-head of the firm's infrastructure team, as well as dedicating a significant amount of time to arbitration and civil law concerning contracts, the topic on which he based his doctoral thesis.
He is on professional leave from his role as a State Attorney, a position he held for over 12 years where he was responsible for more than 1,800 judgments on diverse matters, including constitutional reform and the majority of the regulations on the liberalisation of the telecommunications sector in Spain, not to mention his work on numerous public contracts and regulated sectors.
He is a member and representative of the Information and Communications Technology (ICT) Committee at the Royal Academy of Jurisprudence and Legislation. Over a number of years he has spoken at the "Don Federico de Castro" seminar on civil law at the Royal Academy.
He wrote his doctoral thesis on contract law at the Royal College of Spain in Bologna under the guidance of Luis Díez-Picazo (Spain) and Francesco Galgano (Italy), achieving the highest level of distinction. The thesis was based on liability for a breach of contractual obligations.
He has acted as an arbitrator on a number of occasions and been involved in arbitration proceedings as both counsel and lead attorney.
He has been involved in countless corporate deals, in particular those relating to the sale and purchase of enterprises.
He is a professor in undergraduate administrative law, a topic which he has been teaching for 20 years, and is accredited by the Spanish National Agency for Quality Assessment and Accreditation (ANECA).
Javier has been named a leading lawyer by the most prestigious legal directories such as Chambers & Partners and Legal 500. Moreover, he has also been selected by several institutions as one of the 50 Best Lawyers in Spain with regards to contract law. He is also a member of ITech Law.
In addition to his work at the firm, he also provides a private client service.
- Galp | Sale of the Madrid-based gas company by the Galp Group to Endesa.
- Acciona | Acquisition of Endesa by Acciona and Enel via takeover.
- Citi Infrastructuras| Sale of ITINERE (infrastructure licensee) to Citi Infrastructuras.
- Ferrrovial | Advice to the Board of Directors of Ferrovial and other companies within the group.
- Telefónica | Contentious-administrative case involving Telefónica (amount exceeding EUR 600 million).
- Equidosa | Contentious-administrative case involving Equidosa (amount exceeding EUR 100 million).
- Globalvía and others | Several contentious-administrative cases concerning the reinstatement of the economic-financial balance of infrastructure licences for Globalvía, Equidosa and other licensees.
- Involvement in disputes relating to the interpretation, amendment and termination of public contracts and licences.
- Involved in the Council of State judgment on the constitutional reform.
- Spanish Government | Government research programme on the functioning of institutions advising the British Government, organised by the Council of State in collaboration with the British Embassy in London.
- 2012 - National Agency for Quality Assessment and Accreditation of Spain (ANECA) accreditation as Doctoral Professor.
- 1998 - Financial and Business Science Studies, National University of Distance Education (Spain).
- 1997 - Attorney for the Council of State, graduating as the top ranked individual.
- 1992 - Doctorate in Civil Law, thesis entitled "La presunzione di colpa nella responsabilità contrattuale", Universidad Autónoma de Madrid and Università di Bologna (Royal College of Spain). Fellow of the Royal College of Spain.
- 1990 - Graduate of Law and Degree in Philosophy, Universidad de Navarra (Spain). National Degree Award, Extraordinary Degree Award.
- Member of the Council of State Attorney Corps, 1997 (on professional leave).
- Member of the Royal Academy of Jurisprudence and Legislation.
- Member of the Civil and Commercial Arbitration Court of Madrid.
- Member of the International Chamber of Commerce.
- La presunzione di colpa nella responsabilità contrattuale. Doctoral thesis. Universidad Autónoma de Madrid and Università di Bologna (Royal College of Spain), 1992.
- Internet, industrial property and unfair competition. Centre of Political and Constitutional Studies).
- Limits to the “privatization” of Trademarks Law. In “Commercial Law Review”, 2002.
- Santi Romano. In “Universal Lawyers”, Dir. Rafael Domingo, 2004.
- The Council of State doctrine on telecommunications and services in the information society. In: “Official State Gazette, Council of State collection”.
- Decisions that can be challenged by means of the extraordinary appeal. In “Spanish Administrative Law Magazine”, 2003.
- Administrative silence and the expiry of administrative proceedings in relation to public contracts: in particular, termination due to a breach by the contracting party. In: “Spanish Administrative Law Magazine”.
- Public Contracts (various chapters). Madrid, 2004.
- Issues relating to the expiry of administrative proceedings. In: “Administrative Law Annual”, 2014.
- The impact of insolvency on public sector contracts. In: “Agreements Treaty”, 2014.
- Compensation for damages in cases relating to the termination of administrative licences: unearned tax income. In: RECUERDA, M. A. “Practical issues and the latest in Administrative Law”. 2015.
- Construction works contracts entered into by Compensation Boards: Competent jurisdiction and exorbitant prerogatives. In: RECUERDA, M. A. “Practical issues and the latest in Administrative Law”. 2016.
- Javier has spoken at numerous conferences and been involved in round table discussions on diverse subjects within the field of Administrative and Corporate Law (INAP, Universidad Complutense de Madrid, the International Bar Association and the Centre of Political and Constitutional Studies).