Javier Torre de Silva

Biography

Partner CMS | TMC

Javier Torre de Silva has been practising as a lawyer at CMS Albiñana & Suárez de Lezo for more than 25 years, working across several legal disciplines. He currently leads CMS’ global telecommunications group and is Head of CMS Spain’s TMC 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 an Attorney of the Council of State, 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 as well as the drafting of the Information Society Services and the first Spanish domain names regulation, 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 an accredited University associate professor in administrative law, a topic which he has been teaching for 25 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.

Education

2012 – Accreditation as Doctoral Professor.
2005 – Academic of the Royal Academy of Jurisprudence and Legislation, Universidad Complutense de Madrid (Spain).
2001 – Director of the Specialist Securities Market Law Programme (Institute of Securities Market Studies).
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.
1997 – Professor of Civil Law at the Universidad de Navarra.
1997 – Professor of Administrative Law at the Institute of Securities Market Studies (IEB).
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)

Languages

Spanish
English
French
Italian
1990 – National Degree Award, Extraordinary Degree Award.

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

Lectures

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 Catedra Google (Universidad CEU San Pablo, Madrid).

His Publications

Books
The automatized administrative acts. In: Recuerda Girela, M.A. (Dir.), Administrative Law. 2021 Annual.
The anti-formalist principle in online administration. In: Recuerda Girela, M.A. (Dir.), Administrative Law. 2020 Annual.
Law and the state of emergency. A temporary shift in regulation. In: Recuerda Girela, M.A. (Dir.), 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.), Practical issues and developments in Administrative Law. 2019 Annual.
Data according to Private Law, 2019 Civil Law Annual, III term.
The impact of the concept of operational risk on petitions for the rebalance of administrative licences. In view of the Council of State report 660/2014. In RECUERDA, M.A. (Dir.) “Practical issues and the latest on Administrative Law”. 2017 Annual.
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 Annual.
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.
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.
Issues relating to the expiry of administrative proceedings. In “Administrative Law Annual”, 2014.
Limits of “privatisation” in Trademark Law. In “Corporate Law magazine”, 2014.
The Council of State and Transparency Act. In TRONCOSO REIGADA, A. (Dir.) “Commentary on the Transparency, Access to Public Information and Good Governance Act 19/2013 of 9 December”.
Commentary on the succession of the Crown and its repercussions on the succession of noble titles. In “Consitutional Reform”, the Spanish Ministry of Justice, 2005.
Pricing regulation: fixed telephone prices. In the “Competition and EU Law gazette” nº. 229, January-February 2004.
The new company society: a critical reflection. In “Companies magazine”, 2004.
Santi Romano. In “Juristas Universales”, Rafael Domingo, Pamplona 2004.
Public contracts. In “Memento Francis Lefebvre”, Madrid 2004.
Acts against which an extraordinary appeal for review may be filed. In the “Spanish Administrative Law magazine” nº. 118, March-June 2003.
The effects of insolvency on public sector contracts. In “Contracts Treaty”, 2002.
Internet, industrial property and unfair competition. Centre of Political and Constitutional Studies).
The Council of State doctrine on telecommunications and services in the information society. In: “Official State Gazette, Council of State collection”.
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”.
La presunzione di colpa nella responsabilità contrattuale. Doctoral thesis. Universidad Autónoma de Madrid and Università di Bologna (Royal College of Spain), 1992.