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The ambiguity of the Spanish Shipping Act, which entered into force on 25th September 2014, with regards to the direct action against P&I’s will surely open the door to many third party claims before the Spanish courts. It is unclear whether such actions will prevail or not. If the Spanish courts accept the existence of […]
On 6th October 2015, the Spanish Official Gazette published Law 42/2015 of 5th October, which amends Law 1/2000 of 7th January of Civil Procedure (also known as the Spanish Code of Civil Procedure). In its First Final Provision, Law 42/2015 amends Article 1964 of the Spanish Civil Code relating to the time-bar period of personal […]
Regulation No. 261/2004 of the European Parliament and of the Council of 11 February 2004 does not define the actual “arrival time”. That being the case, the need for a uniform application of EU law and the principle of equal treatment requires that the terms of a provision of EU law which makes no express […]