291 Days Since Spain-Based Iberostar Hotels & Resorts Requested Guidance From EC For Libertad Act Lawsuit In United States
/MARIA DOLORES CANTO MARTI, AS PERSONAL REPRESENTATIVE OF THE ESTATES OF DOLORES MARTI MERCADE AND FERNANDO CANTO BORY V. IBEROSTAR HOTELES Y APARTAMENTOS SL [1:20-cv-20078; Southern Florida District]
Zumpano Patricios P.A. (plaintiff)
Bird & Bird (defendant)
Holland & Knight (defendant)
19 January 2021: “DEFENDANT’S STATUS REPORT Defendant IBEROSTAR HOTELES Y APARTAMENTOS, S.L.U. (“Iberostar”) submits1this status report pursuant to this Court’s Order Granting Defendant’s Motion to Stay Proceedings dated April 24, 2020 (D.E. 17), directing Defendant to submit status reports every 30 days on its request for authorization to the European Union Commission. Defendant states as follows:
Since the last update filed on December 21, 2020, Iberostar continues to await a decision on its application for authorization to the European Commission to respond to the Complaint in this action which was filed with the European Commission on April 15, 2020 (the “Application”). Defendant’s Motion to Stay, ¶ 2. (D.E. 16).
Iberostar reserves all its rights and will move to dismiss based on its Rule 12 defenses when it receives authorization to do so from the European Commission.
The European Commission acknowledged receipt of Defendant’s Application on May 19, 2020.
On June 15, 2020, Iberostar requested the European Commission to provide an update on the status of the Application.
On June 22, 2020, the European Commission confirmed that it is “currently assessing [Defendant’s] application,” and that the Commission does “[its] utmost to ensure that a decision is taken in due course.”
On August 10, 2020, the European Commission informed Iberostar regarding the procedures involved in the consideration of the pending Application. They explained that it requires “extensive consultation of both the Commission’s services and Member States’ authorities.”
On September 23, 2020, the Commission replied that its “services are actively assessing [Iberostar’s] application.” The Commission highlighted that the “complexity of [Iberostar’s] request requires careful consideration, including extensive consultation of both the Commission services and Member States’ authorities.” Finally, the Commission confirmed that, “[d]espite the challenges presented by the current health situation, [they] do [their] utmost to ensure that a decision is taken in due course.”
On November 19, 2020, the European Commission informed Iberostar regarding the status of its pending Application. They explained that “challenges presented by the current health situation [have] lengthened the process.” Further, it confirmed they “are doing [their]utmost to ensure a timely response.”
On December 20, 2020, the European Commission sent a new communication to Iberostar in which they confirmed the Commission has “been actively liaising to complete the required consultations of both the Commission Services and Member States’ authorities, as required.” The Commission “trust[s] any such assessments and investigations will shortly be completed and the authorisation process will pursue its course.”
There have been no further developments since December 20, 2020. Defendant will keep this Court duly apprised of any further developments regarding the request for authorization from the European Commission. Filed this 19th day of January, 2021.”
