In order to guarantee a high level of consumer protection with regard to food safety at the official border inspection of products imported from non-EU Countries, the list of border inspection posts has been recently updated. These posts must comply with the minimal legal requirements.
A recent Supreme Court Judgment dated on the 28th of June 2017 has confirmed previous decisions in matters relating to recreational crafts and civil liability insurance, namely:
For any action for damages arising from international air transportation governed by the Montreal Convention of 1999, the Convention establishes the limitation period of 2 years in its article 35 “reckoned from the date of arrival at the destination, or from the date which the aircraft ought to have arrived, or from the date on which the carriage stopped”. Read more
In May 2014, the Directive 2014/47/EU of the European Parliament and the Council, of April 3rd 2014, on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the EU came into force. This Directive updates the regulation of the technical roadside inspections by establishing the minimal requirements for all Member States, in order to improve road safety conditions. The contents of the aforementioned Directive have been incorporated into the Spanish legislation the recently enacted by Royal Decree nº 563/2017 of June 2nd
The Official State Bulletin (BOE) dated May 13th 2017 published the Royal Decree – Law 8/2017 of May 12th which 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 proceeding 2009/4052). After several months of debates and negotiations with the affected sectors and since the expectations of the previous RD-law 4/2017 were not fulfilled (and was revoked on March 16th 2017), this Royal Decree is the second attempt of the Spanish Government to regulate the situation of port cargo handling services and operations.
Section 9 of the Court of Appeals of Valencia has issued a new Resolution, dated 17th May 2017, regarding jurisdiction clauses inserted in bills of lading after the entry into force of the Spanish Shipping Act (Law 14/2014 of 24th July). The clause in question established that any dispute arising under the bill of lading should be referred to the jurisdiction of the Hong Kong Tribunals. The Court of Appeals of Valencia, reversing the Mercantile Court’s decision in first instance, rejected the validity of the submission clause based on the fact that it had not been expressly agreed by the receiver.
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AIYON Abogados attended the European Air Law Association (EALA) 11th Munich Liability Seminar through our colleagues Julia Garcia and Enrique Ortiz.
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Passenger rights in air transportation in case of denied boarding, flight cancellation and delays are included in the (EU) Regulation n. 261/2004 dated February 11th 2004. This Regulation regards passenger rights for compensation as well as the airline’s obligations for passengers’ assistance in the abovementioned cases. Nevertheless, the Regulation does not provide any information on how much time passengers have to assert their rights, which leads us to consider whether the claims made by the passengers should abide by the general limitation period of 5 years determined by the Civil Code, or by the limitation period of 2 years provided Read more
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 proceedings 2009/4052) published in the Official Gazette of the State No 48 of 25 February 2017, by means of the Resolution of 16th of March, 2017 . Read more
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 the case C-576/13 (infringement proceedings 2009/4052). Except for part 4 of the First Transitory Provision, the aforementioned Royal Decree – law came into force on the day after its publication.
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