Regulatory assistance in administrative sanctioning proceedings

The service is organised in two tiers. The first is an analysis of the case file with a written strategic assessment. It examines whether the facts alleged fit the infringement charged, whether the principles governing the power to impose penalties have been respected (legality, precise definition of the offence, culpability, proportionality and limitation periods), whether the procedure has lapsed, and how solid the evidence relied on by the authority is. It also assesses whether to take advantage of the reductions for acknowledging responsibility or for voluntary payment provided for in Article 85 of Law 39/2015 — a strategic decision, not a mere formality. The second tier adds the drafting of every submission in the procedure: the response to the initiation decision, the response to the proposed decision, requests for evidence, opposition to interim measures such as the detention of products and, once the decision has been issued, the appropriate administrative appeal (recurso de alzada or recurso de reposición).

The case may concern any of the areas the practice covers: labelling, claims, advertising, novel food status, borderline products or food supplements. Representation of the party concerned in the administrative procedure, which Article 5 of Law 39/2015 does not reserve to lawyers, can be taken on if the client wishes.

For an operator based in another Member State, a Spanish sanctioning procedure means unfamiliar rules, strict deadlines and a language barrier at the same time. The service provides a single point of contact able to explain each step and its consequences in English.

It does not include the judicial review phase before the contentious-administrative courts. That phase requires a lawyer admitted to the Spanish bar and, where applicable, a court representative (procurador) under Article 23 of Law 29/1998, and is therefore handled with collaborating lawyers, under a separate quote and with knowledge of the case from the outset. Criminal proceedings are outside the scope of the service.

Law 39/2015 of 1 October on the Common Administrative Procedure of Public Administrations, and Law 40/2015 of 1 October on the Legal Regime of the Public Sector, in particular Articles 25 to 31 on the principles of the power to impose penalties. The sectoral penalty regime applicable to the case, in particular that of Law 17/2011 of 5 July on food safety and nutrition, and the implementing rules of the autonomous community whose authority is acting.

Through the quote form, the company indicates the stage the procedure has reached and provides the documents received from the authority. On that basis, it is indicated whether the first tier, the second tier or a separate conversation about the court phase is appropriate. After the initial assessment, the client decides whether to continue, and submissions are prepared well enough in advance for the procedural deadlines not to compromise their quality.

If no communication has yet been received from the authority and the concern is preventive, the right service is the one specific to the subject matter (labelling, claims, advertising or borderline products), which allows problems to be corrected before any proceedings exist. If what has been received is a request for information or an inspection report without an initiation decision, please use the general quote form, because the strategy at that preliminary stage is different.