Picture of Javier Torre

Javier Torre de Silva

Partner

CMS Albiñana & Suárez de Lezo
Paseo de Recoletos 7–9
28004 Madrid
Spain
Languages Spanish, English, French, Italian

Javier Torre de Silva is head of the TMC department and specialises in Public Law and Regulated Sectors. He has been practising as a lawyer at CMS for 22 years.

In addition, he is an Attorney for the Council of State (on professional leave), Member of the Information and Communication Technologies (TIC) Division of the Royal Academy of Jurisprudence and Legislation, a university professor and arbitrator for several institutions. He practices a wide range of subject areas, including contract law and possesses vast experience in TMC and public Law.

Javier has acted as Attorney for the Council of State for 12 years, being responsible for 1,800 judgments.Among others, he has advised the Council of State on the Constitutional reform and other laws and regulations in the TMC and IP sectors (he took part in the liberalization of the telecommunications sector and in the drafting of the E-commerce legislation in Spain), as well as on numerous public contracts and regulated sectors.

Javier Torre de Silva is an arbitrator for the Civil and Commercial Arbitration Court as well as the Arbitration Court of the Illustrious Bar Association of Madrid.

He is a member of the Royal Academy of Jurisprudence and Legislation member of the Information Technology Committee of the Royal Spanish Academy.

Moreover, Javier is a University “Profesor Contratado Doctor” qualified by the ANECA (National Agency for Quality Assessment and Accreditation of Spain) on Administrative Law, a subject he has been teaching for 20 years.

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Relevant experience

  • 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. 
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Education

  • 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.
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Memberships

  • 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.
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Publications

  • 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.
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Lectures list

  • 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).
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CMS ase­sora en el acuerdo es­traté­gi­co entre Fer­rovi­al...
Ex­pansión | 22 de mar­zo de 2017
CMS ase­sora a GSA en la com­pra de Nexo Res­id­en­cias...
Ex­pansión | 21 de ju­nio de 2017

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