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José Antonio Magdalena

Doctor in Law and Master’s Degree in Legal Consultancy to Businesses

José Antonio Magdalena

Of Counsel

Doctor in Law and Lawyer practising since 1993.

Legal and advisory consultancy to companies (private and public) in Administrative Law (public procurement, regulated sector, transport, expropriations, patrimonial liability, etc.) and related matters of Commercial Law (contracting, regulated sectors and insolvency).

Consultancy services as independent expert to receiverships in insolvency proceedings on Public Law issues, with especial emphasis on matters related to administrative concessions. He is member of the professional association ‘Lexaudit Concursal S.L.P.’ (Barcelona – Madrid) for the conduction of insolvency proceedings, and practises as receiver in insolvency proceedings, pursuant to article 27 of the Insolvency Law.

Expert consultancy in the area of rail transport (regulation, contracting, urban integration, etc.), advising public and private operators.

Academic background.

Doctor in Law by the University of Oviedo, Public Law Department (2000).

Master’s course on Legal Business Consultancy from the Madrid Business Institute (IE), (1993).

He has a Degree in Law by the University of Oviedo (1992).

Publications, Seminars and Presentations


Practical Insolvency Forms 2012’, published by Francis Lefevbre S.A., 2011 (co-author with State Attorneys).

Comments on articles 34 to 37 and Additional Disposition of the Arbitration Law, in ‘Brief comments on the Arbitration Law’ V.A., Colección Jurídica General, published by Reus, 2007.

The railway liberalization in Spain. An approach to Act 39/2003 on the Rail Sector’, published by Reus, 2005.

The railway and powers of the Autonomous Communities’, Cálamo, 2003.


The reform of regulating entities. Spanish Journal Actualidad Jurídica Aranzadi, no. 837 (February 2012).

Trams and the urban integration of the railway; its contribution to the sustainable urban planning. The implementation of the tram model on railway State-owned infrastructures already existing. Revista de Derecho Urbanístico y Medio Ambiente (Urban Planning and Environmental Law Magazine) no. 270 (2011).

EU regulation on public passengers transport services by rail; approach to the Regulation (EC) 1370/2007.Vía Libre Magazine (October 2009) available at its website, Section Documentation.

Urban planning regime of railway works. Revista del Derecho de las Comunicaciones, Transportes e Infraestructuras (Communications, Transports and Infrastructures Law Magazine), September-December 2007.

The railway and the power distribution of the Spanish Constitution of 1978. Revista General de Legislación y Jurisprudencia (Legislation and Case-Law General Magazine), no. 1 (2003).

Rail Privatization: The British Experience, British Spanish Law Association, Issue no. 2, May 2002.

Seminars and Conferences.

Contracts with the Administration and insolvency’, Presentation at the ‘II Aranzadi Congress on Insolvency of the Community of Valencia’, 22 May 2014, Valencia.

Concessions Regime and Insolvency Proceedings’, Presentation at the ‘Course on Public Administrations and Insolvency Proceedings’, 1st Edition, Fundación Universidad y Empresa, University Jaume I, Castellón (16 April 2014).

New Elements in the Act 15/2010 on works contracts between businesses and public administrations’ at the information session on the Late Payment Act, organized by the AECIM (Spanish Association of Entrepreneurs of the Metal Trade and Industry of Madrid), Madrid, July 2010.

EC rail policy and liberalization of the transport (of goods) in Spain’, I International Congress on Rail Technology, Zaragoza, April 2010.

The public works contract; rights and obligations of the parties’, in the Programme of Professional Development ‘The New Law on Public Sector Contracts’, Area of Conferences and Professional Training of Unidad Editorial, Madrid, December 2008.

Conference on the Railway Sector’, Escola Galega de Administración Pública, A Coruña, February 2005.