Gemma Aquillué

Gemma is experienced in civil and commercial litigation including pre-litigation advisory work, representing clients before both ordinary courts and in arbitration proceedings, and has a wide contractual pathway. She has strong background in product liability and damages-related disputes (financial contracts and damages arising from antitrust infringements), and for many years she has provided ongoing legal advice on contractual and commercial matters to a leading Japanese multinational in the automotive sector. Her work includes contract assessment and matters related to consumer protection law.

Her practice also covers a wide range of disputes, including those related to agency, distribution, supply and franchise agreements, construction contracts, corporate bylaw annulments, directors’ liability, financial agreements, debt recovery, breach of contract and tort claims.

Gemma is also highly experienced in insolvency law, with particular focus on the sale of business units within insolvency proceedings and pre-bankruptcy restructuring, including cross-border cases.

• Successfully represented clients in numerous product liability proceedings involving automobiles, motorcycles, and other consumer goods in the retail sector.
• Represented clients in large-scale collective claims brought by consumers and consumer associations, seeking damages arising from antitrust infringements.
• Represented a Catalan financial institution in multiple consumer claims related to financial contracts and alleged abusive clauses, including disputes over swaps, floor clauses, Euribor, IRPH, and other contractual terms.
• Represented a leading Spanish jewellery company in a contractual dispute with its former Colombian franchisee over breach of agreement.
• Acted on behalf of a major US fitness brand in over 15 disputes concerning early termination of franchise agreements and violations of non-compete obligations, including the pursuit of injunctive relief.
• Represented a leading French luxury brand in a dispute with a former distributor over breaches of its selective distribution system, including unauthorized grey market sales.
• Advised numerous clients on the termination of agency, distribution, and franchise agreements, with a strategic focus on minimizing exposure to potential damage claims.
• Represented EMO SA, a Spanish manufacturing and distribution company for machinery for the food industry in Spain and Portugal, in a litigation case claiming client compensation after the distribution contract’s termination. This included coordinating work with Baker McKenzie Switzerland to claim part of the damages caused in this jurisdiction.
• Represented one of the most renowned football teams in Barcelona in a pre-litigation assessment regarding the validity and enforceability of the renewal of several employment contracts signed by the father of one of the players.
• Advised Nauta Capital, a European venture capital investment firm, in negotiations with one of its shareholders to leave the company and prevent future litigation.
• Advised Aislamientos Suaval S.A on a contractual pre-litigation dispute with Tecnicas Reunidas over the performance of insulation works to be executed in Belgium. The contract provided ICC arbitration.
• Coordinated work with the Baker McKenzie Morocco/Casablanca office on general insurance advice, insurance and reinsurance supervision matters for a Spanish insurer corporation.
• Assessed the Spanish Basketball Association and gave advice on the validity of current pledges granted by the basketball clubs and potential need for readjustment after the CNMC (National Competition Commission) decision to be secured in the event of insolvency of any of the basketball clubs.
• Advised a local broker on the sale of the management rights of a 43,000-square-meter mall to a foreign operator and the acquisition of the property owned by Lauren Films, a former Spanish leading cinema operator under insolvency. Also represented the local broker in various legal proceedings initiated by Lauren Films and some creditors seeking the termination of the operating contract, based on breach of contract, and therefore, restitution to the claimant of the property.
• Advised La Seda de Barcelona SA, an industrial plastic packaging manufacturer, in cross-border insolvency proceedings, specifically in the sale of its business units, including contracts, employees and plants all over Europe. Gemma managed and coordinated the work within the Baker McKenzie offices in the UK, France, Germany, Belgium, Casablanca and Türkiye.
• Represented Ariston in its interest in purchasing sections of the productive unit of the Fagor company, which was in insolvency proceedings before the Basque commercial courts.
• Assessed various Spanish entities in the retail, food and services sector filing for insolvency and during the insolvency proceedings.

• Leading Individual in Dispute Resolution, Chambers Europe
• Best Lawyer in Spain — Insolvency and Reorganization Law, Best Lawyers
• Excellence in Legal Teaching Award, Barcelona Bar Association

• Barcelona Bar Association - Member
• ESADE University - Member

We at Baker McKenzie have participated in different corporate social responsibility programs from the very beginning. The most recent, coinciding with our 25th anniversary in Barcelona, is the pro bono advice agreement with the Sant Joan de Déu Charitable Organization.

Other outstanding projects are the agreement to create and advise the Liceu Barcelona Opera House US Foundation and regular contributions to the Food Bank.