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Partner

Javier Torre de Silva

Partner

Languages
  • Spanish
  • English
  • French
  • Italian

Javier Torre de Silva has been practising as a lawyer at CMS Albiñana & Suárez de Lezo for 28 years, working across several legal disciplines. He currently leads the CMS global telecommunications group and is Head of the TMC department at CMS Albiñana & Suárez de Lezo. Javier also advises on public law and regulated sectors and is 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 hundreds of 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 is a member of the ICC Arbitration and ADR Comission.

He has been involved in countless corporate deals, in particular those relating to the sale and purchase of enterprises.

Javier has been a member of the FIDE Academic Council since 2024.

He is accredited by ANECA as a University Professor of Administrative Law, a subject he has taught at the University for almost 30 years.

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.

Awards & Recognitions
01
  • Quote
    "Javier Torre de Silva is a great professional with a great ability to solve complex issues with innovative solutions."
    Band 2. Chambers & Partners 2025
  • Quote
    "CMS show customer orientation, with total dedication and quality of resolution."
    Chambers & Partners Europe 2025
  • Quote
    Leading partner | Data privacy and data protection
    Legal 500
  • Quote
    Leading partner | TMT
    Legal 500

Relevant experience

  • Large technology company I | Legal advice on the launch of one of the world's largest submarine cables.
  • Large technology company II | Legal advice on cloud services.
  • Large technology company III | Data protection advice.
  • Large technology company IV | Report on the processing of personal data of minors.
  • Leading company in the world satellite market | Legal advice on the launch and development of a satellite telecommunications system.
  • Spanish bank | Administrative litigation concerning sanctions imposed by the AEPD.
  • Acciona | Acquisition of Endesa by Acciona and Enel via takeover.
  • International investment fund | Sale of ITINERE (infrastructure licensee) to Citi Infrastructuras.
  • Ferrrovial | Advice to the Board of Directors of Ferrovial and other companies within the group.
  • Leading telecommunications company in Spain | Various contentious-administrative proceedings, as well as regulatory analysis of new products prior to their launch. Telecommunications network contracts.
  • Large shopping centre | Contentious-administrative proceedings in the interest of a concessionaire (amount in excess of 100 million euros).
  • Large infrastructure company | Various contentious-administrative proceedings regarding the restoration of the economic and financial equilibrium of infrastructure concessions.
  • Participation in disputes regarding the interpretation, modification or termination of public contracts and concessions.
  • 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. 

Publications

  • Commentary on Articles 242 and 235 LMVSI (2025). 
  • Prior actions to sanctioning proceedings (Anuario de Derecho Administrativo, 2025).
  • Regulating general-purpose artificial intelligence models: unresolved issues. Anuario de Derecho Administrativo, 2024.
  • Culpa lata dolo aequiparatur in clauses limiting liability? Anuario de Derecho Civil, 2024.
  • The Right to Scrape Data on the Internet: From the US Case hiQLabs, Inc. v. LinkedIn Corp. to The ChatGPT Scraping Cases-Differences Between US and EU Law. 2024. Global Privacy Law Review magazine.
  • La presunzione di colpa nella responsabilià contrattuale. Bologna, 2023.
  • "Is there a right of access to information on all sanctions imposed on legal persons?" Revista de Administración Pública, 2023, 221, 231-256.
  • "On the alleged legal duty to bear damages caused by a reasonable and reasoned invalid act" Recuerda Girela, M.A. (Dir.), Anuario de Derecho Administrativo, 2022.
  • The automatized administrative acts. In: Recuerda Girela, M.A. (Dir.), Anuario de Derecho Administrativo 2021.
  • Liability for damage caused by artificial intelligence systems. Derecho Digital e Innovación, nº 11, 2022.
  • The anti-formalist principle in online administration. In: Recuerda Girela, M.A. (Dir.), Anuario de Derecho Administrativo 2020.
  • Law and the state of emergency. A temporary shift in regulation. In: Recuerda Girela, M.A. (Dir.),Anuario de Derecho Administrativo, Before the next pandemic. Thomson-Reuters Aranzadi, 2020. ISBN: 978-84-1346-893-8.
  • The revoking of unfavourable and voidable acts at the request of the subject. In: Recuerda Girela, M. A.  (Dir.), Anuario de Derecho Administrativo 2019.
  • Data according to Private Law. 2019 Civil Law Annual, III term. 
  • Construction works contracts entered into by Compensation Boards: Competent jurisdiction and exorbitant prerogatives. In: Recuerda Girela, M.A. (Dir.), Anuario de Derecho Administrativo 2016.
  • Compensation for damages in cases relating to the termination of administrative licences: unearned tax income. In: Recuerda Girela, M.A. (Dir.), Anuario de Derecho Administrativo 2015.
  • The impact of insolvency on public sector contracts. In: “Agreements Treaty”, 2014.
  • Issues relating to the expiry of administrative proceedings. In: “Administrative Law Annual”, 2014.
  • Public Contracts (various chapters). Madrid, 2004.
  • 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”.
  • Decisions that can be challenged by means of the extraordinary appeal. In “Spanish Administrative Law Magazine”, 2003.
  • The Council of State doctrine on telecommunications and services in the information society. In: “Official State Gazette, Council of State collection”.
  • Santi Romano. In “Universal Lawyers”, Dir. Rafael Domingo, 2004.
  • Internet, industrial property and unfair competition. Centre of Political and Constitutional Studies).
  • Limits to the “privatization” of Trademarks Law. In “Commercial Law Review”, 2002.
  • La presunzione di colpa nella responsabilità contrattuale. Doctoral thesis. Universidad Autónoma de Madrid and Università di Bologna (Royal College of Spain), 1992.

Memberships & Roles

  • Member of the Council of State Attorney Corps since 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.

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).
  • Speaker at Cátedra Google (Universidad CEU San Pablo, Madrid).

Education

  • 2012 - Accreditation as Doctoral Professor.
  • 1998 - Financial and Business Science Studies, Universidad Nacional de Educación a Distancia (Spain).
  • 1997 - Attorney for the Council of State, graduating as the top ranked individual (Spain).
  • 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).
  • 1990 - Graduate of Law and Degree in Philosophy (National Degree Award and Extraordinary Degree Award), Universidad de Navarra (Spain).