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
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
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.
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
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.
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.
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.
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.
The Judgment of the Court of Justice of the European Union in matter C-368/16, dated on the 13th of July of 2017, referred to the court for a preliminary ruling on the following question: can an injured party that has a direct action against the insurer of liability of the party that caused the damage bring an action against the insurer in the place where the harmful event occurred or is the injured party bound by the jurisdiction clause agreed between the insurer and the policy holder? Read more
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.