ACCESO AL CONSEJO DE ADMINISTRACIÓN DE UNA SOCIEDAD COMPETIDORA A TRAVÉS DEL SISTEMA DE REPRESENTACIÓN PROPORCIONAL.

Abstract

Taking Barcelona Provincial Appellate Court's sentence of 14 December 2005 as its reference, this article essentially deals with one question: whether the procedure called for in article 137 of the revised Corporations Act is the proper channel for a competing firm to gain a seat on a company's board of directors. The topic is especially important because it involves two of Spain's biggest construction and services groups, ACCIONA, S. A., and FCC, S. A. In addition, there is another relevant point that cannot be overlooked: Despite the fact that both companies are traded on the IBEX 35, their boards of directors are controlled by family groups.