Resolution of VGM issued by Spanish maritime authorities

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On the 30th of June of 2016 the Spanish Official Gazette (number 157) published a Resolution dated 15th June 2016 issued by the General Directorate of the Merchant Navy (GDMN), regarding the verification of the gross mass (VGM) of containers, and that partially amends the previous Resolution of the GDMN dated 31st May 2016 (https://www.boe.es/boe/dias/2016/06/30/). This Resolution differs slightly from the Resolution dated 31st May 2016 in sections 2, 5, 10, 11 13 and in its Annex. Read more

Carrier’s liability in cargo theft

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Although unwanted, it is an every-day fact to receive news from carriers who suffered theft or robbery while having the truck fully loaded with goods and in transit according to the agreed contract of carriage.   In fact, there are geographical areas which are particularly problematic in this regard on both levels, national and international. The liability system for road carriers is the same in international carriage (CMR Convention, arts. 17-29) as in national carriage in Spain (Law 15/2009 from 9th of November – LCT, arts. 46-63). The carrier is not only accountable for damages or late delivery of the entrusted cargo but also for losses caused by a robbery or any other reason. Read more

Elements to be analyzed in cargo theft

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Among the different analyzed factors, a key element is to choose an adequate and safe resting area. And this is because the rest time during the carriage implies leaving the truck and the cargo unattended directly by the carrier. Consequently, the insurance companies and jurisprudence analyze the following basic points in order to determine whether the effective carrier took the necessary measures to prevent and avert any theft or robbery, taking into consideration the chosen resting area: Read more

Employer’s claim against an airline for damages as a result of delays: ruling

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The Court of Justice for the European Union, in a judgment dated 17 February 2016, has ruled that article 19 of the Montreal Convention applies not only to those damages caused to passengers themselves but also to those suffered by the employer of the passengers subject to the limits laid down in article 22.1 of the said Convention.

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Employer’s claim against an airline for damages as a result of delays: background

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A recent judgment issued by the Third Chamber of the Court of Justice for the European Union has addressed the issue of the possible title to sue of those companies that contract the flight of their employees, to claim damages as result of the delays suffered by those employees. This judgment is dated 17 February 2016 and was issued in the Case 429/14 in the matter Air Baltic Corporation AS vs Lietuvos Republikos specialiųjų tyrimų tarnyba.
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2 alternatives to weight the containers before shipping

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Under the SOLAS amendments, which enters into force next 1 of July, a container packed with packages and cargo items should not be loaded onto a ship to which the SOLAS Regulations apply unless the master or his representative and the terminal representative have obtained, in advance of vessel loading, the verified actual gross mass of the container. Read more

What happens when the manufacturer has not provided the containers weight?

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Situations may occur where a packed container is delivered to a port terminal facility without the shipper having provided the required verified gross mass of the container. Such a container should not be loaded onto the ship until its gross mass has been obtained.

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Declaring accurate container weights, effective on july 1, 2016

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According to certain publications, the proportion of global container trade that is wrongly declared could be as high as 20%. Everyone involved in the maritime container shipping industry understands that declaring accurate container weights.

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The limit to bring claims under Article 7 of (EC) Regulation 261/2004

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Actions to claim in Spain for compensation under Article 7 of Regulation (EC) 261/2005 have a five-year time-bar unless regional law applies.

As a result of a recent inquiry, AIYON ABOGADOS would like to remind its clients and friends that contractual claims for compensation against the air carrier under article 7 of Regulation (EC) 261/2004, resulting from cancellation, denied boarding or long delay of flights, fall outside de scope of the Montreal Convention. According to a judgment of the European Union Court of Justice dated 22 November 2012 in the case C-139/11, the time-limits for bringing actions for such compensation are determined in accordance with the rules of each Member State on the limitation of actions. This decision was the result of a request for a preliminary ruling under Article 267 TFEU from the Audiencia Provincial de Barcelona (Spain) dated 14 February 2011 in the proceedings “Joan Cuadrench Moré v Koninklijke Luchtvaart Maatschappij NV”. Read more

The European Court of Human Rights finds once again against Spain for breach of a fair trail

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On the 29th of March of 2016 the European Court of Human Rights (ECHR) issued a judgment against Spain in the case “Gómez Olmeda” ordering the payment of damages in the amount of EUR 6,400 (plus costs) for breach of a fair trial in violation of article 6.1 of the European Convention on Human Rights. Read more