Entries by Aiyon

New Stevedore Service regulation: revoked

The Spanish Parliament agreed to revoke the recent Royal Decree – law 4/2017 of February 24th that modifies the regulation of workers that provide port cargo handling services and operations in order to comply with the judgment of the Court of Justice of the European Union of December 11th 2014, in the case C-576/13 (infringement […]

New Stevedore Service regulation

The Official State Bulletin (BOE) dated February 25th 2017 has published the Royal Decree – law 4/2017 of February 24th that modifies the regulation of workers that provide port cargo handling services and operations in order to comply with the judgment of the Court of Justice of the European Union of December 11th 2014, in […]

Submission clauses in maritime transport of goods

The section 9 of the High Court of Valencia has had the opportunity of examining the validity of the clauses inserted in the Maritime Transport of Goods contracts since the Maritime Navigation Law came into force. (Law 14/2014, dated July 24th). We here refer to decrees n. 1243/2016 and n. 1244/2016, both from July 27th […]

MLC – requirements of financial security

In April 2014 the International Labour Organization (ILO) approved several amendments to the Maritime Labour Convention (MLC), a Convention that became effective in August 2013. These amendments became effective on January 18th 2017. Thereafter and in accordance with the Convention, ships shall be provided with certificates or other documents that establish the existence of financial […]

Maximum period for payment of commercial invoices of 60 days

A recent judgment by the Spanish Supreme Court, dated 23rd November 2016, has ruled that Law 3/2004 (dated 29th December 2004) against late payment in commercial operations, as amended by Law 15/2010 of 5th July and Law 11/2013 of 26th July, establishes a maximum period of 60 days for payment in commercial operations. After such […]

Procedure for watercraft identification

The Official Journal of the European Union has published on 4th January 2014 the Commission implementing Regulation (EU) 2017/1 of 3rd January on procedures for watercraft identification under Directive 2013/53/EU on recreational craft and personal watercraft. Its purpose is to ensure a better implementation of the coding systems required for watercraft identification and will enter […]

We have stowaways on board

One of the major problems shipowners might face is the presence of stowaways on board of their vessel. And what we mean by problem it is not only economy and security-wise but also, and above all, in terms of “human factor” involved in this situation. On the one hand, we have the Master and the […]

Spain publishes its instrument of ratification of the IMO’S ballast water management convention

On 8th September 2016, Finland ratified the International Convention for the Control and Management of Ship’s Ballast Water and Sediments, also known as the Ballast Water Management Convention (BWM Convention). With this ratification, the criteria established in article 18 of the Convention for the entry into force have been met, triggering the twelve month period for […]

Breaking the limitation in transport matters, once again

Article 1911 of the Spanish Civil Code establishes the general principle that debtors will be held accountable for their liabilities with all their present and future assets. Limitation of liability is an exceptional figure under Spanish law. For this reason, Spanish Courts are always reluctant to accept the limitation of liability principles established in international […]