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.
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.
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
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
Aiyon Abogados assisted Russian shipowners on the purchase of a bulk carrier at the public auction organized by a Port Authority in Spain. The ship had been arrested by several creditors and the sale was carried out by the Port Authority by delegation of the relevant Court.
Aiyon assisted a Russian shipowner interested in the ship to prepare their bid, ensuring that they complied with all the special requirements demanded to foreign bidders. Read more
The vessel is already being built in Turkey. Aiyon advised the shipowner on the drafting of the contract and assisted them on the complex negotiations with the shipyard on issues affecting contractual clauses as well as the drafting of the refund guarantees and performance bonds to be tendered by the shipyard.
Aiyon also advised the shipowners on the opening of the documentary credit for the payment of each instalment.
On 24 December 2015, Regulation (EU) 2015/2421 of 16 December 2015 amending Regulation (EC) 861/2007 establishing a European Small Claims Procedure and Regulation (EC) 1896/2006 creating a European order for payment procedure was published in the Official Journal. Read more
Right before the Spanish Shipping Act of 2014, the procedural aspects of ship arrest were regulated by the Spanish Code of Civil Procedure and in particular by its 26th Final Provision.
Whilst overall respecting the previous regulation of ship arrest, Articles 470 to 479 of the new Spanish Shipping Act introduce some minor changes that facilitate the arrest and provide more legal certainty. These changes are basically four: Read more
The ambiguity of the Spanish Shipping Act, which entered into force on 25th September 2014, with regards to the direct action against P&I’s will surely open the door to many third party claims before the Spanish courts. It is unclear whether such actions will prevail or not. If the Spanish courts accept the existence of a direct action, P&I’s in such proceedings may allege the application of English law to their marine insurance contracts as maritime transport is considered a large risk where the choice of law prevails. This will require proof of the contents of such law. Lack or insufficient proof of English law could result inevitably in the application of Spanish law. Read more
On 6th October 2015, the Spanish Official Gazette published Law 42/2015 of 5th October, which amends Law 1/2000 of 7th January of Civil Procedure (also known as the Spanish Code of Civil Procedure).
In its First Final Provision, Law 42/2015 amends Article 1964 of the Spanish Civil Code relating to the time-bar period of personal actions. Article 1964 formerly established a 15-year time-bar period for personal actions. According to the new wording, unless they have a different time-bar period assigned, all personal actions will be considered time-barred after five years from the date in which the compliance with the obligation could have been demanded. Read more