The Spanish Courts analyze a “Jurisdiction clause” inserted in a Bill of Lading

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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) Seminar

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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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Air transportation: boarding denied, flight cancellation and delays

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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

New Stevedore Service regulation: revoked

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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

New Stevedore Service regulation

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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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Submission clauses in maritime transport of goods

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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 2016, and to the decree n. 1620/2016 dated November 8th, 2016, of the afore mentioned Court.
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Maximum period for payment of commercial invoices of 60 days

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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 period, interests, as established in the Law, inevitably accrue. Read more

Procedure for watercraft identification

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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 into force on 24th January 2017.

 

 

 

 

 

We have stowaways on board

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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 crew who are being affected by the sudden intrusion of one or several strangers in their work place and the place of their communal living and who, additionally, become fully responsible for the stowaways’ life situation. Read more

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

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aiyon-abogados-transporte-maritimoOn 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 its application.  Read more