The Supreme Court Reinforces the Position of Land Carriers: Nullity of the ‘Due Diligence’ Clause

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On 23 December 2025, the First Chamber of the Supreme Court issued a ruling of enormous significance for the road transport sector and for the contractual practices of insurance companies: STS No. 1945/2025 of 23 December 2025.

The subject of the legal dispute was to determine whether, in the event of theft of goods transported under a land transport insurance contract, the ‘due diligence clause’ (which must be considered restrictive) applies when said clause is not specifically highlighted in the policy, nor signed by the policyholder/insured party, but the insurance was taken out with the intervention of an insurance broker.

In the first instance and on appeal, the claim had been dismissed in favour of the insurer, but the Supreme Court overturned those decisions, concluding that the clause in question did not meet the formal validity requirements imposed by the Insurance Contract Act (LCS). Thus, the High Court declared the so-called ‘due vigilance’ clause, which had been used to reject compensation for the theft of the lorry and its goods, null and void. And we quote: ‘(…) since the clause invoked by the insurer to deny compensation was not expressly accepted and signed by the policyholder/insured party, it is null and void and unenforceable against the latter, pursuant to Article 3 of the Insurance Contract Act.’

The legal nature of the ‘due diligence’ clause:

The so-called ‘due diligence’ clause had become common practice in goods transport policies. In general terms, it imposed conditions on the insured such as:

  • Park the vehicle in places with lighting or 24-hour private security.
  • Keep the lorry locked and protected.
  • Require the driver to sleep inside the vehicle when there are no other security systems in place.

Traditionally, insurers used this clause to exclude or limit coverage for theft, arguing that the incident had occurred in circumstances where these requirements were not met.

However, the Supreme Court has established doctrine by considering that this clause does not objectively define the insured risk but rather imposes additional obligations on the insured after the occurrence of the accident, which makes it a clause that limits rights and requires certain requirements to be applicable.

This jurisprudential approach connects directly with the analysis already carried out by our firm in a very enlightening article on the distinction between the types of clauses in transport insurance contracts, Transport Insurance: Limiting Clauses vs. Delimiting Clauses.

The key legal principle underlying the Supreme Court’s ruling is that clauses limiting rights are only valid if strict requirements are met. This requirement is set in Article 3 of the Insurance Contract Law, which states that both the general and specific conditions of the insurance policy must be drafted in a clear and precise manner, with particular emphasis on clauses limiting the rights of the insured, which must be specifically accepted in writing.

The well-deserved Supreme Court ruling of 23 December 2025 is based on Article 3 of the Insurance Contract Law. This is corroborated when it states that, as an expression of the principle of material transparency legally imposed for the better protection of the insured party, it conditions the validity of such limiting clauses on compliance with the requirements established in Article 3 of the Insurance Contract Law as follows:

  • They must be highlighted in a special way. Any procedure that fulfils the objective of ensuring that the limiting clause does not go unnoticed by the insured party will be admissible, but it must allow the insured party to understand its meaning and scope, and to be able to differentiate it from clauses that are not of this nature.
  • They must be specifically accepted in writing by the policyholder. The signature must appear not only on the general contract, but also on the specific conditions, which is the document where clauses limiting rights must normally appear.
  • The broker’s intermediation does not equate to the personal will of the policyholder and cannot validate a clause that limits rights if the insured party has not expressly signed it. Therefore, the High Court has been categorical in stating that the insurance broker is not attributed a representative function of the insured party but is only conferred management functions.

Practical effects of the judgment:

This ruling not only has direct effects on the specific case but also establishes binding case law criteria that will influence future claims for similar incidents, especially in a context where thefts from lorries and goods have increased significantly.

The doctrine established by this ruling has significant consequences for both policyholders and insurance companies. This is because it increases contractual transparency by forcing insurers to review their policy models and provides greater legal certainty for carriers as policyholders protected under the Insurance Contract Law and its transparency standards.

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Transport Safety and the Role of the Independent Administrative Authority, in Connection with Law 2/2024 of 1 August

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Maritime, rail and air transport, in spite of technological and regulatory advances, continue to pose significant risks to human life, the integrity of means of transport, cargoes and the environment. In this context, the proper management of accidents and incidents is an essential element to strengthen safety in these strategic sectors.

Experience shows that well-structured prevention, control and response systems are vital. This need gave rise to Law 2/2024 of 1 August on the creation of the Independent Administrative Authority for the Technical Investigation of Railway, Maritime and Civil Aviation Accidents and Incidents. This law represents a significant step forward in the strengthening of investigation and control mechanisms in the field of transport safety in Spain, giving an essential role to a new body created for this purpose: the Independent Administrative Authority.

Law 2/2024 establishes the regulatory framework for the creation of this Authority, which is set up as an autonomous and impartial body. Its main objective is to investigate accidents and incidents in maritime, rail and air transport, not only to determine the causes of each event, but also to make recommendations to prevent future accidents.

The establishment of this Authority responds to the need to guarantee investigations free from external interference, thus ensuring the objectivity of its actions and conclusions, based on the principles of functional independence, objectivity, transparency, prevention, confidentiality in the investigation, institutional and international cooperation and access for victims and interested parties.

Furthermore, the new regulation reinforces Spain’s commitment to international standards, such as those established by the International Maritime Organisation (IMO), for the maritime sector, the International Civil Aviation Organisation (ICAO) for the aviation sector and the Intergovernmental Organisation for International Carriage by Rail (OTIF) for the railway sector.

Focusing on its functions, the IAA has a number of key responsibilities, among them:

  1. Impartial and technical accident investigation: The Authority will be responsible for analysing each technical incident or accident in all three modes of transport (maritime, air and rail), collecting all relevant data and making a technical assessment to determine the causes. Such an investigation shall be carried out with maximum transparency, allowing access to information to victims directly involved in the investigation in question, as well as to other interested parties.

It cannot be overlooked that the investigation of accidents and incidents is a detailed and complex process involving the collection of evidence, interviews with the parties and witnesses, and the development of a technical analysis of the means of transport involved and their protocols of action, one of the main objectives being to identify the underlying causes of accidents and incidents. These can be of a technical, human, organisational or infrastructural nature.

  1. Preparation of reports and recommendations: Following the investigation, the IAA will issue detailed reports and suggest corrective measures which will be published on the Authority’s website for public knowledge. Safety recommendations should not constitute a presumption of fault or liability for an accident or incident and may relate to deficiencies which are not the cause of the accident. It will not be necessary to wait for the publication of the final report before making safety recommendations.
  1. Collaboration with other institutions: The technical investigation of accidents and incidents shall be independent of any other administrative, judicial or parliamentary proceedings in relation to the occurrence under investigation, and IAA staff involved in the investigation shall not form part of other teams, groups or areas of investigation of the incident unless explicitly agreed by the Authority. However, in order to ensure that the different procedures are carried out efficiently, the Authority will maintain the necessary collaborative relationships with the institutions with competences related to the accident or incident subject to a technical investigation (the Spanish Courts, the Judiciary, the Public Prosecutor’s Office and other Technical Investigation Authorities).

Similarly, the IAA may participate or accept an invitation to participate in the investigation of an accident or incident outside Spanish territory, which will undoubtedly be of benefit not only to itself but also globally by being able to share knowledge and experience with authorities or institutions in other countries.

  1. Training and awareness-raising: In addition to research, the IAA will conduct training and awareness programmes for maritime, aviation and rail stakeholders to reduce accident risks and enhance an international safety culture.

Focusing on the particularities of each sector regulated by the Law, we would like to highlight the following points:

  • Railway sector: Rail transport poses risks related to derailments, collisions, accidents at level crossings, damage caused to people by rolling stock in motion, fires, technical failures of structural subsystems, components of the railway system, among others. Therefore, the IAA shall investigate serious railway accidents occurring on the General Interest Railway Network defined in Law 38/2015, of 29 September, on the Railway Sector.
  • Maritime Sector: In maritime transport, the Authority shall investigate very serious and serious maritime accidents involving vessels flying the Spanish flag, irrespective of the location of the accident, as well as accidents occurring in the Spanish territorial sea or internal waters, as defined by UNCLOS / CONVENTION, irrespective of the flag of the ships involved in the incident, or those affecting substantial Spanish interests, irrespective of the location of the incident and irrespective of the flag of the ships involved and the installations or infrastructure used for operations related to research and exploitation of hydrocarbons in the marine environment (1). On the basis of Law 2/2024 of 1 August, the Authority excludes from its scope of investigation maritime accidents and incidents involving warships and other vessels assigned to or operated by the Armed Forces, State vessels providing exclusively non-commercial services, accidents and incidents occurring in non-maritime inland waters, and finally, to vessels without mechanical propulsion, wooden ships of primitive build, yachts and pleasure craft not used for commercial purposes, unless they are or will be crewed and carrying or will carry more than twelve passengers for commercial purposes and fishing vessels of less than fifteen metres in length.
  • Civil Aviation Sector: Civil aviation, not only because of its high technological and organisational complexity, but also because it has historically been required to do so, applies the highest levels of safety and security. The IAA shall assume responsibility for the investigation of serious civil aviation accidents and incidents (2), accidents and incidents occurring in Spanish territory or outside Spanish jurisdiction when a person of Spanish nationality has suffered relevant damage. 

CONCLUSIONS:

The creation of the Independent Administrative Authority (IAA) is a decisive step towards reinforcing transport safety in Spain, with a positive impact also on overall safety. By consolidating maritime, rail and air accident investigations into a single body, administrative efficiency is optimised, functional independence is guaranteed and Spain’s international safety position is strengthened.

This reform will not only facilitate impartial and rigorous investigations, but will promote a proactive approach to accident prevention, continuous learning and improvement, fully aligned with the principles of transparency, objectivity and continuous progress demanded by international standards.

  1. Royal Decree-Law 16/2017, of 17 November, establishing safety provisions for the research and exploitation of hydrocarbons in the marine environment.
  2. Regulation (EU) 996/2010 of the European Parliament and of the Council of 20 October 2010.

The Problem of Theft of Goods in Road Transport

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Theft during the carriage of goods by road is becoming more and more frequent and, although it will depend on the specific circumstances in which it occurs, as a rule the carrier is held responsible so that he, or his goods insurance, is liable for the losses and possible expenses linked to the transport and enforceable by law.

The general rule is that these thefts are carried out by criminals with extensive knowledge of how the sector works, who know what drivers’ habits are and where they usually park their vehicles during their breaks, so that they can carry out the crime undetected even if it is carried out in broad daylight. In addition, they are aware of the profit they can make from the theft of certain goods and their subsequent resale, so the target is usually well defined.

In these cases, the Convention on the Contract for the International Carriage of Goods by Road (C.M.R.), as well as Law 15/2009, of 11 November, on the Contract for the Carriage of Goods by Road, which adapts and complements the information in the Convention, regulate the carrier’s liability when carrying out the transport. Thus, Law 15/2009, in Chapter V – Article 47.1, and the C.M.R. Convention, Chapter IV – Article 17.1, establish that the carrier shall be liable for the total or partial loss of the goods, as well as for the loss suffered by the goods from the moment of their reception for carriage until the moment of their delivery at destination, articles that are later qualified or delimited. According to the provisions of both regulations, the carrier should generally be liable for such losses. However, can the carrier be held liable even if the goods are stolen even though he has exercised due diligence within his powers?

The courts have addressed this issue on multiple occasions with different conclusions. The most common is to see judgments criticising the carrier’s choices in order to assess its possible negligence, but there are also judgments, such as that of the Provincial Court of Valencia 187/2018, which describes the good aptitudes and decisions taken by the land carrier to prove its diligence and its lack of liability under Article 48.1 of Law 15/2009.

In this case, the carrier had been subcontracted to carry out the overland transport of goods, and that same day the lorry was stolen in its entirety (with the goods inside) while it was parked in the carrier’s own facilities. The judgement lists the characteristics of these facilities: a well-lit plot of land, far from the urban area, completely fenced, with a padlocked sliding metal gate and 24-hour surveillance cameras.

These measures were considered insufficient by the court of first instance which concluded that the carrier did not act with the due diligence required of a professional engaged in the carriage of goods. It therefore declared the carrier and the contract carrier jointly and severally liable for the payment of the amount claimed by the applicant.

The court decision was appealed by the carriers to be exonerated from liability for having fulfilled their duty without being able to prevent the theft under Article 48.1 of Law 15/2009. This provision establishes that the carrier is not liable for the loss of the goods when this has not been caused by a negligent action on its part, or when it is due to circumstances that the carrier could not avoid and whose consequences it could not prevent.

The court of second instance indicated that the expert reports were not properly assessed and that the basis on which the assertion concerning the alleged lack of diligence of the carriers was supported was not properly substantiated. On this basis, it decided to carry out a more in-depth assessment of the reports.

Having analysed the characteristics of the place where the vehicle was parked, the court concluded that the carrier could not be accused of a lack of diligence, as the measures taken were appropriate and in accordance with manner, place and time. Thus, the court established that, in order to hold a carrier liable for the loss of goods, it is necessary to verify his professional diligence, the safety measures taken, the vigilance and care implemented.

Accordingly, the court ruled in favour of the carrier, considering that the carrier had taken reasonable measures to prevent the theft of the truck. To this end, he referred to the application of the grounds for exoneration provided for in Article 48.1 of Law 15/2009, and made special reference to the conduct of the offenders, which far exceeded the reasonable expectations of the carrier.

In view of the above, and in response to the question posed initially, we must analyse what the court considers as diligent or not in the carrier’s performance.

Through various case law, the courts have made it clear that, in order to consider the carrier’s conduct diligent and to be able to exonerate him from liability under article 48.1 of Law 15/2009, certain characteristics must be present in his manner of acting. The Provincial Court of Barcelona, rec. 125/2013, stated that, in order for the carrier to be exonerated from liability, it must comply with reasonable safety standards.

These requirements include, among others, the following characteristics: that the car park is fenced, that it has good lighting, that it does not have free access for all types of vehicles or pedestrians, that it has surveillance cameras recording 24 hours a day, the presence of specific personnel for surveillance, control of entrances and exits, that it is not in an isolated or little travelled area, and that the access door is of an adequate height. Reference should also be made to Article 1105 of the Civil Code, according to which no one is liable for events that could not have been foreseen or were unavoidable.

If the carrier complies with the aforementioned requirements, it would be within the unavoidable causes or circumstances, and therefore, a cause for exoneration of liability could be applied, since they have acted with the required good professional diligence, respecting the necessary safety measures.

In short, it is not always appropriate to hold carriers liable in such cases, especially when they have taken safety measures appropriate to the situation, place and manner. Although theft in the carriage of goods is a growing problem, the law recognises that the carrier cannot be held liable for events beyond its control, provided it has acted with due care.

New technical and traffic requirements for euro-modular combinations

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On 21 October, the Directorate-General for Traffic (hereinafter DGT) published a new resolution establishing the technical requirements and specific traffic conditions that Euro-modular vehicle combinations must meet in order to travel on Spanish roads. The resolution has been in force since 23 October 2025, coinciding with the entry into force of the General Regulations of Vehicles, which, among others, regulate the new maximum mass values.

Types of vehicles that can be used in Euro-modular configuration

Only modules corresponding to the following types of vehicles may form part of a Euro-modular combination:

Classification by Construction CriteriaDescriptionCategory by Approval Criteria
22Truck MMA > 12,000 kgN3
23Tractor-trailerN2 or N3
26Van MMA > 12,000 kgN3
43Trailer and semi-trailer MMA > 1,000O4
65Towed service machine (1)O4

(1) Only machines intended for goods transport services are permitted.

Power and type approval requirements for the towing vehicle

The towing vehicle is subject to strict weight and power requirements. Firstly, the towing vehicle must be approved for a maximum gross weight of 72 tonnes and have a MOT certificate with a technically permissible maximum gross weight greater than the total laden weight of the combination in circulation. If the type approval for the maximum gross combination weight is less than 72 tonnes, this value shall be the maximum total weight limit for the combination of which the motor vehicle may form part.

Secondly, the towing vehicle must be equipped with a coupling device that is capable of ensuring the maximum mass of the combination and that is approved in accordance with Regulation No. 55 of the UN/ECE.

Thirdly, vehicles within the O4 category acting as intermediaries must be approved as tow trucks. Vehicles already registered that do not have towing capacity must be modified to comply with this requirement.

Fourthly, both the motor vehicle and the towing vehicles in category O4 must have the appropriate electrical, pneumatic and mechanical equipment for towing.

Fifthly and finally, the towing vehicle must have a minimum power of 5 kW per tonne of maximum laden mass of the Euro-modular combination. However, this power shall be increased by 1 kW per tonne when the combination exceeds 42 tonnes and travels on sections with gradients equal to or greater than 5% and 1 km in length. The owner of the motor vehicle must ensure that it can start on these ramps, even when the road surface is wet.

Key technical requirements for safety

The combination and its modules must meet the following technical safety requirements relating to field of vision, signalling, warning or prevention of dangerous situations:

  • Air suspension or equivalent on the drive axles
  • Mirrors or blind spot detectors
  • Lane departure warning system or lane keeping assistance
  • Emergency braking system capable of automatically detecting a dangerous situation and activating deceleration to avoid or mitigate collisions
  • Electronic stability control system

Specific traffic conditions

Finally, the Resolution details a series of specific traffic conditions that directly affect the daily operation of the aforementioned vehicles, as they impose mandatory requirements for lighting, signalling, overtaking restrictions, speed and traffic, and operational suspensions in adverse weather conditions.

  • Lights: when driving on conventional roads with a single carriageway for both directions of traffic, it is mandatory to have dipped headlights or daytime running lights on.
  • Signalling: the combination must be equipped with two V-2 light signals or amber flashing devices located at the upper front and rear ends, the V-6 long vehicle signal, the V-23 environmental signalling badge, and all other mandatory signals for goods transport.
  • Overtaking restrictions: on single carriageway roads for both directions, they may not invade the lanes intended for the opposite direction to overtake vehicles travelling at more than 45 km/h. In addition, overtaking is prohibited on ramps with gradients of 4% or more, on viaducts longer than 150 metres and in tunnels.
  • Speed restrictions: the maximum speed shall be that established in Article 48 of the General Traffic Regulations for vehicles with a maximum authorised mass exceeding 3,500 kg.
  • Traffic restrictions: those published by the DGT for goods transport combinations exceeding 7,500 kg.
  • Suspension of traffic on conventional single carriageway roads for both directions of traffic when weather conditions pose a risk to traffic: driving is prohibited when visibility is less than 150 metres ahead and behind, or when the State Meteorological Agency (AEMET) has activated extreme risk warnings: specifically, red level for wind, or orange level if the vehicle is travelling without a load; or the orange or red level for rain or snow, regardless of whether the vehicle is travelling with or without a load.
  • Stowage of cargo: cargo must be stowed correctly to prevent any movement that could compromise the stability of the vehicle while in motion.

Finally, it should be noted that on 22 October, the day after the resolution establishing the technical requirements and specific driving conditions that Euro-modular vehicle combinations must meet in order to travel on Spanish roads, the DGT issued a new resolution establishing the network of routes suitable for Euro-modular vehicle combinations in Spain. The document details the specific roads, listed in Annex I and organised by autonomous communities, on which these large vehicles are authorised to travel. In addition to the defined sections, the regulations allow a maximum distance of 10 kilometres on roads not included in the network to connect to the main network or access a destination, always under the responsibility of the driver to verify the viability of the route.

The DGT’s resolution of 21 October, in force since 23 October 2025, marks an important regulatory change for Euro-modular combinations in Spain. The technical and traffic requirements it establishes include strict conditions on power, active safety and operational restrictions that seek to ensure the safety and efficient integration of these higher-capacity vehicles into the road network. With all these measures and the new network of routes suitable for Euro-modular combinations, the transport sector must now rigorously adapt to the new regulations in order to take advantage of the logistical benefits of these vehicles, while maintaining safety as a priority.

AIYON Abogados commemorates its 10th anniversary at its headquarters in Bilbao, marking the culmination of a great year of celebrations

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AIYON Abogados celebrates its 10th anniversary at its headquarters in Bilbao, after a decade in which it has consolidated its position as a national and international leader in maritime and transport law, reaffirming at all times its commitment to professional excellence and personalised service to its clients.

Our boutique firm celebrated its tenth anniversary with a wonderful event held at La Torre de Iberdrola on 2 October, attended by clients and partners, as well as representatives from the logistics and transport sector at national and international level. An event that brings a great year of celebrations to a close, after a decade of hard work and shared enthusiasm.

Founded in 2015 by a team of expert lawyers, all specialising in maritime law, transport, international trade and insurance, the firm has grown to have offices in Madrid, Cadiz and Algeciras, in addition to its headquarters in Bilbao, which hosted the event. Its multidisciplinary team of solicitors, with an average of more than twenty years’ experience in the sector, offers a comprehensive 360º legal service (24/7) within its areas of expertise, as well as in any other area of law with the help of its regular collaborators.

During these ten years of work, the AIYON team has demonstrated its ability to adapt to the challenges of the sector. Over the years, the firm has advised companies and professionals of all kinds, handling both small queries and actively participating in large-scale projects. In addition to being appointed to assist in major maritime accidents occurring at sea, the firm’s solicitors are at the forefront of new technologies being implemented in the sector, such as offshore platforms and, more specifically, floating offshore wind farms. Our close collaboration with local engineering firm SAITEC Offshore Technologies is proof of this.

AIYON Abogados has not only consolidated its presence in the domestic market, but we are also one of the main collaborating firms for numerous companies in the sector based in other countries, including multinationals and insurance companies with an international presence, prestigious law firms and P&I Clubs, and institutions such as the IOPC Funds (IMO). In this way, we position ourselves as a leading law firm, offering tailored legal advice and solutions.

In a global and constantly evolving environment, the solicitors at AIYON know that the sector always requires dynamic measures tailored to each case and each client. The five partners, Mikel Garteiz-goxeaskoa, Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Zuberoa Elorriaga, whose work has been recognised by specialist British directories such as The Legal500 and Chambers & Partners, lead a team of young professionals who aspire to contribute to the firm’s growth in the coming years so that, in another decade, we can all once again commemorate the good work of our firm and its hallmark, which combines the serious, professional and dedicated practice of its profession with an approach that is always friendly and attentive.

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Closure of the II Advanced Arbitration Practice Course for Arbitrators, with recognition for creativity for Verónica Meana

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On September 27, 2025, the II Advanced Arbitration Practice Course, organized by CIAM-CIAR, came to a close, with our partner Verónica Meana among its participants.

The program provided an in-depth exploration of key issues in arbitral practice, including the validity of the arbitration agreement, the appointment of arbitrators, the duty of disclosure, emergency arbitrators and interim measures, the case management conference, the first procedural order, the taking of evidence, procedural incidents, allocation of costs, as well as the drafting of awards and possible challenges.

The experience proved to be highly enriching thanks to a top-quality program, flawless organization, and outstanding faculty. Verónica wishes to publicly express her gratitude to Juan Fernández-Armesto, Giulio Palermo, the CIAM-CIAR team —Marta Lalaguna, María Paula Jijón, Thalía Jiménez, and Stefano Lobatón—, as well as the rest of the faculty, for their academic excellence and dedication throughout the course.

At the closing ceremony, Verónica was honoured with the Extraordinary Award for Creativity, a recognition that is a particular source of pride for our firm.

Algeciras Hosts the First Celebration of the 10th Anniversary of AIYON Lawyers

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On Thursday, 29 May, the entire AIYON Abogados team celebrated the firm’s 10th anniversary at an event held at the Hotel Alborán in Algeciras, attended by our clients and friends, as well as our regular collaborators, with whom we form a solid team of lawyers and experts.

At this pleasant event, we brought together leading operators and various stakeholders from the logistics and transport sector in Algeciras and the rest of the province of Cádiz, as well as some local authorities, to commemorate a significant milestone in our professional career.

Multiple local media outlets reported this news, which undoubtedly fills us with pride for the effort and dedication that the team has put into achieving this goal, but above all for its five partners, Enrique Ortiz (head of the Cadiz office), Verónica Meana (head of the Madrid office), Mikel Garteiz-goxeaskoa and Zuberoa Elorriaga (heads of the Bilbao office) and José Antonio Domínguez (head of the Algeciras office); partners who work side by side with the rest of the team in handling all kinds of matters related to their specialities.

Founded in 2015 in the city of Bilbao, AIYON Abogados is one of the few specialist law firms currently operating in Spain that provides advice in the areas of maritime law, transport law (both land and air), insurance law and international trade, addressing all of its clients’ legal needs thanks to a highly qualified and multidisciplinary team of lawyers and a network of trusted collaborators in other areas of law (criminal, tax, commercial, and labour), enabling them to offer a 360º legal service. In fact, last March, we were once again highlighted by the prestigious British legal guide Chambers & Partners in the category of ‘Shipping – Maritime Law’ for Spain, and we also contributed to the chapter on Maritime Law in Spain for the guide The International Comparative Legal Guides, 2025 (ICLG).

This is the firm’s first celebration in this momentous year 2025, which will be followed by a second celebration in Bilbao after the summer, serving as the grand finale to commemorate a decade of work and joint effort, with all eyes set on the next 10 years. Congratulations, AIYON Abogados!

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Enrique Ortiz, Partner of AIYON Cadiz, Participates in the Round Table Organised by the Propeller Club of Algeciras

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On the 29th of April, an interesting meeting took place in Algeciras, organised by the Propeller Club of Algeciras, which brought together many of the most relevant members of the maritime and transport sector in the Bay of Algeciras, including Enrique Ortiz), our partner responsible for the Cadiz office.

The round table was attended by the presidents of the three major associations of companies operating in the Port of Algeciras, such as the Association of Service Companies of the Bay of Algeciras (AESBA), the Association of Freight Forwarders, International Forwarders and Similar of the Bay of Algeciras (ATEIA-OLTRA) and the Port Community of the Bay of Algeciras (Comport), and was moderated by Mr. Manuel Piedra.

During the meeting, José Antonio Fernández, Manuel Cózar and José Manuel Tejedor analysed the current situation, as well as the future of the logistics-port community of the Port of Algeciras. In general, the participants agreed in demanding better tools for the port facilities and the region in the form of better infrastructures, more space for the activity of the companies in the sector, as well as adequate and up-to-date training to improve the service provided.

The dismissal of Mr. Álvaro Rodríguez Dapena as president of Puertos del Estado, considered a strategic ally for Algeciras, also had a place in the round table. The president of Comport regretted that it is a ‘huge loss for the Port’.

Another recurring theme that was also discussed, and which not only affects the Port of Algeciras but all areas of logistics and transport at national level, was the shortage of qualified personnel in sectors such as consignment, customs or port services. The lack of a maritime-port training centre in the region was highlighted, as well as the urgent need to promote dual training, improve technical training and provide companies with more customs representatives.

In relation to the so-called ‘Green Strategy’ followed by the Port of Algeciras, the speakers advocated the need to advance in compliance with European regulations, but pointed out that some of the measures should have a ‘more practical’ sense in order to be able to adapt better to the needs of the operators.

In general, it was a very complete and pleasant meeting in which Enrique Ortiz was able to take note of the different aspects discussed, as well as to reinforce the links that our firm has with the community of the Bay of Algeciras, and its different actors.

Royal Decree 205/2025 of 18 March Establishing the Criteria for the Determination of Vehicle Charges/Exemptions/Reductions for the Use of Certain Infrastructures

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The aforementioned Royal Decree 205/2025, approved on 18 March 2025 and coming into force on 19 March 2025, aims to adapt the current regulations on criteria for determining the tolls to be applied to goods vehicles with a maximum authorised mass of more than 3.5 tonnes on motorways under concession on the State Road Network, in accordance with the provisions of Directive (EU) 2022/362 of the European Parliament and of the Council of 24 February 2022 amending Directives 1999/62/EC, 1999/37/EC and (EU) 2019/520 as regards the charging of vehicles for the use of certain infrastructures.

Therefore, this Royal Decree has as its precedent Directive (EU) 2022/362 of the European Parliament, and its purpose is to transpose the content of Article 1 of the aforementioned European regulation, adapting the criteria for the determination of tolls under concession and tolls for motorways operated in accordance with the provisions of the seventh additional provision of Law 37/2015, of 29 September, on roads. This, repealing the previous Royal Decree 286/2014, of 25 April, establishing the criteria for determining the tolls to be applied to certain goods transport vehicles on motorways under concession on the State Road Network.

Directive (EU) 2022/362 of the European Parliament and of the Council of 24 February 2022 amending Directives 1999/62/EC, 1999/37/EC and (EU) 2019/520/EC as regards the charging of vehicles for the use of certain infrastructures, whose approval introduces amendments to Directive 1999/62/EC, with the objectives of aligning it with the challenges of climate change, noise and congestion, making progress in the application of the ‘polluter pays’ and ‘user pays’ principles, promoting environmentally sustainable but also socially equitable road transport.

One of the main changes proposed in this new RD is that the term ‘heavy goods vehicle’ is deleted and replaced by the term ‘vehicles in general’, meaning motor vehicles, with four or more wheels, or a combination of articulated vehicles, intended for the carriage of passengers or goods by road or used for that purpose.

In addition, it includes six key annexes which: (i) specifies the main principles for cost allocation and toll calculation; (ii) classifies vehicles according to emission limits; (iii) classifies vehicles according to pavement damage; (iv/v) set out, respectively, the requirements for the determination of external cost tolls and the reference values for the corresponding tariffs; (vi) sets out pollutant emission performance criteria for light-duty vehicles.

This is on the basis that no category of vehicles may be required to pay tolls and any other charges for the use of the same road section at the same time. Similarly, any tolls will avoid discriminatory treatment of international traffic and distortions of competition between operators.

In addition, among other aspects, it establishes that, from 25 March 2026, for the determination of these charges, heavy goods vehicles will be charged for the external costs of atmospheric pollution caused by traffic. It also mentions that an additional cost for noise pollution may be added to this charge, depending on the stretch of road on which the heavy goods vehicle is travelling.

In short, Royal Decree 205/2025 introduces a series of modifications and adapts the European regulations, with which it coexists, in order to meet the objectives pursued by the European Parliament and the Council of the European Union, which is to introduce fair mechanisms for allocating the costs of infrastructure use in order to eliminate distortions of competition between transport companies in the Member States, promoting the proper functioning of the internal market and increasing competitiveness.

Laura Cabello Joins the Aiyon Algeciras Office

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Following the departure of Rocío López, to whom we wish her all the best in her new career and with whom we continue to work closely, the new lawyer of the team, Laura Cabello, now attends the AIYON office in Algeciras together with the partner in charge of the office, José Antonio Domínguez.

After a few months of adaptation in our Cadiz office, working in direct contact with the two local partners on all kinds of cases, Laura now faces the challenges of an important logistics hub such as the Port of Algeciras, which has a strategic geographical location, her daily activity being a true reflection of the relevance of the maritime and logistics sector in general in the province of Cadiz.

Laura, a member of the Malaga Bar Association, holds a Law Degree from the University of Cadiz (2017) and a Master’s Degree in Access to the Legal Profession from the Malaga Bar Association (2022). She also has a specialisation in International Maritime Law from the Universidad Pontificia de Comillas (Madrid) ICADE- in collaboration with the Spanish Maritime Institute – IME (2023), with specific training in navigation areas, maritime safety, inspection, certification of ships and prevention of maritime pollution.

During her time at university, Laura actively participated in conferences and congresses organised by the Department of International Public Law of the University of Cadiz, where she had the opportunity to deepen her knowledge of key issues of International Law; knowledge that she later expanded with an in-depth study of procedural law.

After successfully passing the entrance exam to the Spanish Bar in June 2022, she completed several internships in the banking sector, where she put into practice her expertise in the development and drafting of lawsuits, appeals and foreclosure of mortgage deeds. She also conducted pre-trial and trial hearings in banking and criminal proceedings.

Given the interest she has always shown in international practice, in July 2024 she joined AIYON Abogados, where she is working in the different areas of maritime law, inland transport law and international trade law, specialising in the management of claims on maritime and inland transport contracts, administrative sanctioning procedures for ships, recovery and maritime insurance.