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

Breaking the limitation in transport matters, once again

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20161027_121043Article 1911 of the Spanish Civil Code establishes the general principle that debtors will be held accountable for their liabilities with all their present and future assets. Limitation of liability is an exceptional figure under Spanish law. For this reason, Spanish Courts are always reluctant to accept the limitation of liability principles established in international conventions in matters of transport and seek a way to avoid such limitation of liability. Read more

Controversial judgment in the Spanair tragedy: Judgment by the Court of Appeals of Barcelona dated 12 July 2016

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Regulation (EC) 785/2004 on insurance requirements for air carriers and aircraft operators establishes that the minimum insurance cover for liability in respect of passengers shall be 250,000 SDR.
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Recreational Crafts, relevant judgment of the Spanish Supreme Court

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Following a request from Clients, we hereby summarize the issues that we consider most relevant of the judgment issued by the Spanish Supreme Court num. 241/2015 dated 6th May and that affect recreational crafts.
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The judicial taxes established by Law 10/2012, of 20th November, have been declared unconstitutional

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By judgment dated 21st July 2016, the Spanish Constitutional Court has declared null and void the judicial taxes regulated by Law 10/2012 of 20th November. The Court considers that whilst judicial taxes are not necessarily unconstitutional, those established by Law 10/2012 are disproportionate and thus breach the right to a due process. Read more