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.
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.
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
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
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
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