Amendment of the Organic Law on Counter Smuggling

/in , /by

On July 13th 2018, the Council of Ministers approved the preliminary draft of Amendment of the Organic Law 12/1995, of December 12th, on Counter Smuggling, proposed by the Ministry of Finance – Customs and Excise Department .

The aim of this legislative initiative is to strengthen the fight against the criminal organizations involved in drug trafficking and tobacco and drug smuggling in Spain by declaring, for the purpose of the preliminary draft, the so-called RHIBS (rigid-hulled inflatable boat) as a prohibited type. The preliminary draft specifies that the types to be considered illegal are: a) rigid-hulled inflatable boats over 8 meters in length; b) or under 8 meters in length but with power greater than 150 kW (203.94 CV); c) and any other boats that might be suspected, on the basis of reasonable indications, to be used for committing or enabling the commission of an offence of smuggling. If the preliminary draft is adopted, the bodies responsible for suppressing these criminal activities shall be allowed to confiscate those high-speed boats that “are supposedly used” for committing smuggling-related criminal acts. Read more

Conflict resolution: PASSENGER CLAIMS

/in , , /by

With a clear bet in favour of cruise tourism due to the relevance that this sector has in the economy of our country, Spain has achieved a privileged position in the global context of this sector. According to data from the public entity Puertos del Estado, in 2017 the number of visitors on cruise ships exceeded by 9 million, making Spain the second largest European country in the number of cruise passengers. Puertos del Estado estimates that by 2020, Spain will receive 9.5 million cruise passengers.

These data must be completed with regular line vessels that progressively add tourist visits year after year. In 2017, the total number of passengers traveling on regular lines amounted to 24.7 million. Although the majority of these lines are dedicated to the traffic between the peninsula and Africa and inter-island connections, it is expected that these numbers will increase as the routes linking Spain with Italy and the United Kingdom or the recently inaugurated line between Santander and the Irish port of Cork, are gaining prominence. Read more

Inspection of cargo securing on trucks, clarification by Directorate General of Traffic (DGT)

/in , /by

 

On 17th April 2018, we published a post about the entry into force of the Royal Decree no. 563/2017 related to the technical roadside inspections of the roadworthiness of commercial vehicles circulating in Spain. This article supplemented the previous post published on 13 June 2017 “Royal Decree n. 563/2017 of June 2nd 2017, “Technical Inspection of Commercial Vehicles”. Read more

Air transport strikes: extraordinary circumstances?

/in , /by

Summer is nearly here and with it the desired vacations. With that in mind, we, AIYON Abogados, consider that it is the right time to bring up one of the common fears of tourists and travelers: Will I be affected by pilot, air traffic controller or airport staff strike?

Without undermining the concept of strike as a response mechanism for workers to claim and protect their legitimate rights, the fact is that the disruptions resulting from a strike are more than significant: delays, cancellations, and multitudes of angry passengers. Luckily for the latter, in the light of the European Regulation nº 261/2004 and from the interpretations by the various Courts engaged in its development, it will be difficult for the air carriers to allege the existence of an “extraordinary circumstance” in order to avoid the payment of the corresponding compensations in case of a strike, which the affected passengers are entitled to by law.  This will apply only in case we find ourselves facing very specific circumstances such as “unpredictable and illegal strikes.” Read more

Royal Decree 563/2017 on Technical Inspection of commercial vehicles, in force on May 20th 2018

/in , /by

In accordance with the publication in our Blog on June 13th 2017, article: “Royal Decree nº 563/2017 of June 2nd 2017 – Technical Inspection of Commercial Vehicles”, the mentioned Royal Decree will come into force on 20th of May 2018.
The Royal Decree (R.D.) nº 563/2017 incorporates into Spanish law the Directive 2014/47/EU of April 3rd 2014 on technical roadside inspection of commercial vehicles circulating in the EU, whose entry into force suspends the R.D. 957/2002, of September 13th, which regulates the technical roadside inspections of commercial vehicles that circulate on the Spanish territory, and the Order INT/316/2003 of February 13th on technical inspections of commercial vehicles.

Read more

Euro Mediterranean Aviation Agreements

/in , , /by

Three months after the entry into force of the Multilateral Agreement between the European Community and Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Iceland, Macedonia, Norway, Serbia and Montenegro, Romania and Kosovo on the creation of a European Common Aviation Area (ECAA), on March 1st 2018, the EuroMediterranean Aviation Agreement between the European Union and its members on the one hand and the Kingdom of Morocco on the other  came into force; this agreement having been designed in Brussels on December 12th 2006. Read more

Sulphur content of marine fuels, lead to sanction

/in , /by

Over the last few months we assisted in many sanctioning proceedings initiated by various Spanish Harbour Masters and the Directorate General of the Merchant Navy (DGMN) related to the sulphur content of fuels for maritime use used by ships docked and anchored in Spanish ports.

Read more

New regulation on remotely piloted aircrafts

/in , /by

On December 30th, just one day after being published in the “Boletín Oficial del Estado (BOE)”, the new Royal Decree 1036/2017 dated December 15th (Real Decreto 1036/2017), by which the civil use of remotely piloted aircrafts is regulated, came into force. This Decree puts an end to the temporary regime introduced by Law 18/2014, dated October 15th, on the approval of urgent measures for growth, competitiveness and efficiency.

Read more

The validity of insurance clauses in case of failure to supervise the truck during transportation

/in , , /by

In a judgment (number 590/2017) dated 7th November 2017, the Spanish Supreme Court has had the opportunity to clarify conflicting case law from different Courts of Appeals regarding the requirements for the validity of insurance clauses that exclude coverage in cargo theft matters when there has been a failure to keep a proper supervision of the truck or container during transportation.

Read more

Cancelation rights under the Montreal Convention: possible application by analogy of Regulation CE 261/2004

/in , /by

In a judgment dated 21st September 2017, the Court of Appeals of Barcelona, Section 15, reversing the decision of the first instance court, has considered that damages arising from the cancellation of a flight are covered by article 19 of the Montreal Convention.

Read more