Our colleague Veronica Meana was present at the 2016 Congress 2016 of Maritime Law “European Shipping Law: The influence of European law in the maritime sector on the 30th anniversary of the accession of Spain to the European Union” held in Madrid on 16 and 17 June and organized by the Spanish Association of Maritime Law.
After the opening words by Mrs. Teresa Molina, Assistant Director-General of the Directorate General for the Coordination of Common Policy and General Affairs of the European Union (Secretary of State for the European Union), a number of panel discussions took place led by speakers of renowned prestige.
Among the topics discussed they were:
– European Competition Law and the maritime sector, in which the distinction between concentration and coordination in the maritime sector and, in particular, in respect of maritime operators in regular traffic was discussed. The “Short Sea Shipping” programmes in the transport policy of the European Union and the recent P3 and 2M cases. Request more information here.
– The shipping and shipbuilding sectors to the European Union, in which shipping strategies of the European Commission which are gathered in guidelines that advocate sustainability, talent retention, and financing, etc., were addressed. The panel also discussed the differences between European ship registries in the context of competitiveness. Finally, another matter in discussion was the ECJ rulings on the Spanish “tax lease” and the current situation of this financing structure. Request more information here.
– The liberalisation of port services in the context of the ECJ judgment of 11 December 2012 which rules against the Spanish stevedoring regime stating that it breaches Article 49 TFEU for infringement of the principle of freedom of establishment by “imposing on other Member States wishing to develop the activity of handling goods in the Spanish ports of general interest the obligation of enrolling in a Limited Company for the Management of Port Stevedores (SAGEP) and, where appropriate, to participate in the capital thereof, on the one hand, and of hiring workers on a priority basis made available by such SAGEP, and a minimum of such workers on a permanent basis, on the other hand”.
The ruling stated that “Spain has not demonstrated that the measures taken are necessary and proportionate to the objectives ” and that “there are less restrictive and appropriate measures to achieve a similar result and ensure continuity, consistency and service quality of goods handling and protection workers.” Thus, inviting Spain to amend the Ports Act and set out a new model. The panel discussed the possibility of a sanction to Spain for not having adapted its model. Request more information here.
– Maritime safety and the role of IMO and regional organizations. Request more information here.
– Jurisdiction clauses in maritime contracts in the context of European law and the Spanish Shipping Act. Request more information here.
– And finally, the issue of arbitration agreements in charterparties and contracts of carriage of goods by sea in the context of European law and the Spanish Shipping Act. Request more information here.