On the Additional Validity Requirements for the Effectiveness of Jurisdiction Clauses in Bills of Lading

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It is common practice in the international maritime transport of goods for shipping lines to offer their own general conditions of contract, and for the rest of the actors in the sector to adhere to them. Therefore, the consignees, receivers of the goods carried under the bill of lading (B/L), do not in practice have the capacity to negotiate the terms of these documents; but by acquiring the bill of lading, they succeed to the shipper’s rights and obligations. The clauses conferring jurisdiction to resolve possible disputes that may arise between the parties are also included in these general conditions.

Law 14/2014, of 24 July, on Maritime Navigation (LMN), has tried to protect these consignees by drafting articles 251 and 468 of the LMN. Article 251 of the LMN provides that the acquirer of the bill of lading is also the acquirer of all the rights and actions of the transferor over the goods, except for those referring to jurisdiction and arbitration agreements, which should be adjusted to the provisions of Article 468 LMN, which establishes that clauses of submission to foreign jurisdiction or arbitration abroad that have not been negotiated individually or separately will be null and void.

This is the issue raised in our post ‘Scope of the international jurisdiction clause in Bills of Lading’ of 14 May 2024. Following the judgment of 25 April 2024 of the Court of Justice of the European Union (CJEU) in cases C-345/22 to C-347/22, resolving the questions referred to in a preliminary ruling by the Provincial Court of Pontevedra, it is now the turn of the mentioned court to deliver its judgment.

Since the adoption of the LMN, the Provincial Courts have interpreted differently the reference made by the CJEU in the case of ‘Coreck Maritime GmbH v Handelsveem BV and others (C-387/98)’ to the ‘applicable national law’ of the State hearing the dispute in relation to the enforceability of these clauses against third parties:

  • The law governing the substantive validity of the jurisdiction agreement, which according to Article 25(1) of the Brussels I bis Regulation is the law of the State whose courts have been designated by the parties, including the rules of private international law (cf. Article 20 of the Regulation).
  • The national law which, according to the rules of private international law of the forum, governs the legal relationship whose succession is in dispute.
  • The lex fori (the domestic law of the State before whose courts the action is brought).

In this respect, and as the CJEU did in its response to the questions raised, the Provincial Court of Pontevedra is clear in stating that ‘when Community case law refers to domestic law to judge on the transfer of rights in the security, that domestic rule is not necessarily Art. 251 LMN, but the reference must be understood as being made to the rules of private international law’. Therefore, according to the Provincial Court of Pontevedra in its ruling, we must look for the applicable conflict rule. In accordance with the facts in dispute, whether applying the Rome I Regulation or art.10.3 Spanish Civil Code (even in application of arts. 100, 102 and 165 of Law 19/1985 of 16 July 1985 on Exchange and Cheque), conflict rules lead to the same point, and not to Spanish law; in the contested case it would be Peruvian substantive law that would be applicable to the enforceability of these clauses. However, in these cases, the parties did not prove the content and validity of the foreign law, so the court understood that it should refer to domestic law according to the general rules contained in art.33.3 of Law 29/2015, of 30 July on International Legal Cooperation in Civil Matters. It is thanks to the lack of proof of foreign law that the Provincial Court of Pontevedra applies the Maritime Navigation Act. This was essential for the Court of Justice of the European Union to be able to rule on the second question, i.e. whether inserting additional validity requirements for the effectiveness of jurisdiction clauses in bills of lading is contrary to the Brussels I bis Regulation.

And in this sense, the Provincial Court of Pontevedra upholds the thesis of the CJEU, when it rules: the principle of the primacy of EU law makes it necessary to invalidate the last paragraph of the provision, which provides for an exception to full subrogation in respect of jurisdiction and arbitration clauses. Excluding that rule, Community legislation and case law must be applied, which admits the provision of the plaintiff’s consent in the form in which it is set out in the title (cf. art. 35.1 [sic] of the Brussels I bis Regulation), thereby overriding the requirement that the recipient addressee, holder of the knowledge, express its consent individually and separately’. In other words, EU Member States cannot add in their substantive law additional requirements to those foreseen by Art. 25(1) of the Brussels I bis Regulation.

Thus, the Provincial Court of Pontevedra affirms the effectiveness against third parties of the clauses conferring jurisdiction contained in the B/L and declares the lack of jurisdiction of the Spanish courts to hear the dispute, in favour of the court of the United Kingdom specified in the clause. Therefore, the clause will be enforceable against the third party holder of the B/L provided that it has been recognised as valid in the relationship between the shipper and the carrier that concluded the contract and that the third party has been subrogated to all the rights and obligations of one of these original parties, in accordance with the applicable national law, determined by virtue of the rules of private international law of the Member State hearing the dispute. Where the clause grants jurisdiction to the courts of an EU state, the manner in which consent is given is not governed by national law as long as it departs from the formal and substantive validity requirements of Art. 25 BIT-bis).  The LMN, as currently drafted, will only become operational when the Brussels I bis Regulation or an international treaty standard does not apply.

The resolution of the question undoubtedly limits the application of Article 251 of the LMN.

In the case at hand, which occurred in pre-Brexit times, the UK was still a member state of the EU, so the form of consent was that of Art.25 RBI-bis, as it is to any jurisdiction clause in favour of European courts. However, after Brexit, the jurisdiction clause in favour of UK courts, which is very common, would no longer be subject to the aforementioned European regulation and could therefore be subject to the regime of the Maritime Navigation Act. Without its individual and separate negotiation it would not be recognised, like any other clause in favour of non-European courts or arbitration clauses.

Laura Cabello Joins the Aiyon Algeciras Office

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Following the departure of Rocío López, to whom we wish her all the best in her new career and with whom we continue to work closely, the new lawyer of the team, Laura Cabello, now attends the AIYON office in Algeciras together with the partner in charge of the office, José Antonio Domínguez.

After a few months of adaptation in our Cadiz office, working in direct contact with the two local partners on all kinds of cases, Laura now faces the challenges of an important logistics hub such as the Port of Algeciras, which has a strategic geographical location, her daily activity being a true reflection of the relevance of the maritime and logistics sector in general in the province of Cadiz.

Laura, a member of the Malaga Bar Association, holds a Law Degree from the University of Cadiz (2017) and a Master’s Degree in Access to the Legal Profession from the Malaga Bar Association (2022). She also has a specialisation in International Maritime Law from the Universidad Pontificia de Comillas (Madrid) ICADE- in collaboration with the Spanish Maritime Institute – IME (2023), with specific training in navigation areas, maritime safety, inspection, certification of ships and prevention of maritime pollution.

During her time at university, Laura actively participated in conferences and congresses organised by the Department of International Public Law of the University of Cadiz, where she had the opportunity to deepen her knowledge of key issues of International Law; knowledge that she later expanded with an in-depth study of procedural law.

After successfully passing the entrance exam to the Spanish Bar in June 2022, she completed several internships in the banking sector, where she put into practice her expertise in the development and drafting of lawsuits, appeals and foreclosure of mortgage deeds. She also conducted pre-trial and trial hearings in banking and criminal proceedings.

Given the interest she has always shown in international practice, in July 2024 she joined AIYON Abogados, where she is working in the different areas of maritime law, inland transport law and international trade law, specialising in the management of claims on maritime and inland transport contracts, administrative sanctioning procedures for ships, recovery and maritime insurance.

‘Green Corridors’ and New Fuel Logistics

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The importance of maritime transport in world trade is indisputable, as approximately 80% of global goods are transported by sea. Europe, as the world’s largest exporter and second largest importer, depends on these services to compete internationally. In this context, the European Union (EU) is committed not only to promoting efficiency in maritime transport, but also to leading the process of decarbonisation of the sector through strategies such as the Global Gateway, which promotes the transition to sustainable fuels.

Decarbonisation and regulatory framework for new fuels:

Decarbonisation in shipping has become a priority for both the EU and the International Maritime Organisation (IMO). In 2021, the EU reported that shipping contributes 3-4% to CO₂ emissions, equivalent to 124 million tonnes. The EU’s FuelEU Maritime regulation sets specific limits for emissions intensity, thus promoting the use of renewable and low-carbon fuels.

IMO’s revised global strategy for 2023 sets emission reduction targets with the goal of achieving zero net emissions by 2050. This strategy encourages the creation of new business models based on sustainable fuels and energy efficiency technologies.

‘Green corridors’ represent a crucial opportunity to reduce the environmental footprint of maritime transport. These are specific routes where vessels operate exclusively with renewable fuels and energy-efficient technologies. These corridors not only facilitate the transit of sustainable ships, but also give participating ports access to a stable network of port connections in Europe and beyond, ensuring the availability of low-carbon fuels throughout the supply chain.

EU ‘Green Corridors’ strategy and new fuels dynamics:

From an EU perspective, the implementation of these ‘green corridors’ is strategic. Targets include reducing the carbon content of marine fuels by 2% by 2025, reaching an 80% reduction by 2050. Although there is currently no universally suitable fuel for all routes, options such as bio-methane, bio-ammonia, e-methanol and e-ammonia have emerged as viable alternatives to meet the short- and long-term goals of the maritime sector’s energy transition.

Specifically, the Global Green Gateway Corridor (GGGSC) seeks to position the EU as a leader in the transformation of maritime transport. Among its main objectives are:

  • Increase the production of renewable and low-carbon fuels outside the EU.
  • Establish a green energy infrastructure in emerging economies, strengthening the EU’s role as a global partner.
  • Promote the use of green, innovative maritime technologies.

Green corridors’ face diverse challenges including geopolitical, regulatory and economic aspects. In addition, there are barriers related to the development of skills for fuel management and emerging technologies, and the need for alignment of national policies with international regulations in partner countries.

In short, the transition to a sustainable maritime sector faces significant challenges, but also offers opportunities. The Global Gateway strategy facilitates investment in digital, energy and transport networks, promoting not only green growth but also EU competitiveness and development in partner countries. In the long term, ports that adopt sustainable fuels and energy efficiency technologies will strengthen their competitiveness, benefiting from clean and resilient logistics.

Port Competitiveness and the Impact of Decarbonisation

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Competition between ports in the transport logistics chain and the key factors that determine their competitiveness, such as adequate infrastructure, good location and reasonable costs, have been extensively studied in the literature (Notteboom, 2008; Tongzon, 2002 and 2007; Lirn et al., 2003; Yeo and Song, 2005; Tai and Hwang, 2005). The quality of services offered and the efficient management of complex logistics chains are also highlighted (Murphy and Hall, 1995; Wong et al., 2008; Kaliszewski et al., 2020), although historically the main focus has been on building competitive cost structures.

This competitiveness analysis provides public institutions and private actors with essential information for the development of strategies to strengthen their market position.

The importance of container traffic in world shipping, which accounts for about 75% of general cargo, means that ports specialising in this type of traffic face intense competition. In the Strait of Gibraltar, ports such as Algeciras and Tangier-Med play key roles in global logistics. In 2023, the Port of Algeciras Bay was the leader in tonnage traffic in the Spanish port system, while the Port of Tangier-Med, the leading port in Africa and the Mediterranean, reached 122 million tonnes.

The decarbonisation process is a key trend in the maritime industry, driven by IMO (International Maritime Organisation) and EU regulations (such as the Fit-for-55 package) that limit greenhouse gas emissions. For ports, offering green fuels and OPS can improve their competitiveness and attract operators interested in reducing their carbon footprint.

The bunkering market is particularly relevant in the Strait of Gibraltar, where more than 100,000 ships cross annually. Ports in this region occupy a prominent position in the Mediterranean and in Europe, with high bunkering volumes in ports such as Algeciras, Gibraltar, Ceuta and Tangier-Med.

Factors such as bunker prices, strategic location and efficient turnaround times influence the choice of port for bunkering. In Gibraltar, low prices and lower regulatory burden drive demand, while Algeciras optimises its costs with designated anchorage areas to reduce port charges.

Decarbonisation also plays a role in the competitiveness of bunkering. In Algeciras, there are initiatives to supply biofuels and LNG, while the Port of Gibraltar faces space constraints to implement green fuel projects.

In conclusion, the ports of the Strait of Gibraltar face significant challenges and opportunities in terms of competitiveness, both in container traffic and in the bunkering market. Implementing joint strategies and advancing sustainable bunker solutions can strengthen the position of these ports. However, the adoption of directives such as the ETD could affect the competitiveness of European ports compared to non-European ports, especially in terms of bunkering.

The adoption of decarbonisation strategies is not only a regulatory necessity, but also a key competitive differentiator for the future.

AIYON collaborates with the ‘Diario del Puerto’ in its report ‘Legal Allies’

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The special report entitled ‘Legal Allies’, recently published by the specialised newspaper of the logistics and transport sector, ‘Diario del Puerto’, has counted on the collaboration of our colleagues Verónica Meana and Zuberoa Elorriaga, among other professionals of the sector.

After analysing the various questions posed to us, which covered different aspects of our work and included our vision for the future in the face of new challenges, we discussed aspects such as the value of advice and prevention in conflict areas, the most common deficiencies and lack of knowledge in the sector, the role we play as lawyers and its importance in the transport sector, as well as the future challenges facing the world of transport, our lawyers provided their perspective, based on their broad and varied experience.

For her part, Zuberoa Elorriaga commented that the lack of the proper coordination and joint vision that should exist between the purchase and sale operation and the subsequent transport operation can give rise to claims and disputes, which could be avoided with good prior advice. We are talking about both the logistics operation and the insurance that accompanies it.

It considers that the transport phase must be highlighted as an essential complement that complements and perfects the sale and purchase from which it derives. Therefore, correct management of routes and delivery times to avoid delays or damage to the goods is essential, a task that always involves a cost if we want to guarantee a correct service at the hands of professionals.

Verónica Meana, in turn, explained that the EU’s growing demands to reduce emissions are forcing the transport sector to look for alternatives, such as the use of electric vehicles or cleaner fuels. All of this is causing concern among operators about the high costs of adapting their fleets, whether by sea, air or land, which will be required by the new regulation.

In addition, she points out that the delay in adopting digital solutions for optimising operations or complying with environmental regulations, and the lack of robustly implemented protocols among employees of transport companies to make them less susceptible to cyber-attacks, are factors that can be improved with good research and planning.

Access to the publication…

WISTA International Holds Successful Assembly in Limasol

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The WISTA International Annual Assembly was held in Limassol (Cyprus) from 9 to 11 October, accompanied by a day of conferences and a day of workshops.

This important international event, which brings together women from all over the world, all of them professionals in different areas of international trade and the world of maritime transport, was attended by the firm’s lawyers, Verónica Meana and Zuberoa Elorriaga.

Our two members, together with the rest of the Wista Spain delegation, enjoyed a sunny few days in the beautiful maritime city of Limassol, during which they were able to share knowledge and experiences with international experts in all kinds of areas. In its 50 years of existence, Wista International has proved to be the perfect platform for promoting contact between professionals worldwide, while at the same time reinforcing the role of women in the maritime and transport world, a role that is continually growing.

We would like to thank Wista International and Wista Cyprus for their incredible welcome, which has made Veronica and Zuberoa feel all the WISTA energy.

Next year it’s Wista Spain’s turn, so we hope to see you all in Barcelona!

AIYON Abogados, a Decade at the Service of Maritime and Transport Law

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‘El Canal Marítimo y Logístico’ took advantage of the celebration of the annual meeting of AIYON Abogados S.L.P. to meet in Bilbao with the five partners of the firm. Close to celebrating 10 years in the market, each of them pointed out the strengths of their multidisciplinary team of lawyers, as well as the different challenges they face on a daily basis from their offices located in Madrid, Cadiz, Bilbao and Algeciras.

We invite you to rea the article in its entirety from the link at the end of this article, highlighting below some of the statements made by the partners.

As expert lawyers in chartering and leasing of vessels, both for general cargo and project cargo, AIYON has also been specializing in off.shore construction projects. In this regard, AIYON’s partner in Bilbao, Mikel Garteiz-goxeaskoa, states, ‘This experience has given us the opportunity to assist from our Bilbao office local companies such as SAITEC Offshore Technologies, S.L., in projects as innovative as the launching and installation of its DemoSATH floating offshore wind platform in the BIMEP test area (Armintza), in the open sea two miles off the coast, and in waters 90 meters deep, as AIYON aspires to be a benchmark for companies operating in this sector due to its in-depth knowledge of Maritime Law in all its areas’.

With regard to the specific offshore wind sector, Mikel Garteiz-goxeaskoa highlights the firm’s strengths: ‘In addition to our knowledge and experience, we also have a large international network of collaborating lawyers, also specialized in these matters, mainly from the United Kingdom and Northern Europe. This allows us to rely at all times on up-to-date professionals in their respective jurisdictions to resolve any issued that may arise in the negotiation of the contracts concerned.’

When asked about their latest performances in Madrid, the firm’s partner, Verónica Meana, points our that: ‘We have recently seen in the office a notable increase in the number of cases that are resolved in institutional arbitration in these matters, either under CIAM or ICC rules, compared to the percentage of cases that go to court, which is still higher. This increase, although independent, runs parallel to the firm’s involvement in the Maritime Law working group within the Spanish Maritime Law Association in collaborating with CIAM, in an effort to promote maritime arbitration in Spain as an efficient and quality alternative means of dispute resolution.’

AIYON’s involvement in the teaching and preparation of the new generations is part of its hallmark, a fact that Verónica wants to highlight: ‘On the other hand, form Madrid, as from the rest of our offices, we continue to contribute to the teaching of maritime law. In my case, participating as a lecturer in the Master’s degree of both the IME (Spanish Maritime Institute) and the ISDE (Higher Institute of Law and Economics) in the subjects of maritime law and land transport.’

‘In Aiyon we know what it means to be at the side of both maritime and land carriers on a daily basis’, says Enrique Ortiz, partner of the Cadiz office. ‘And we know what it is like to be there for them both in normal circumstances and in urgent situations that require quick action (such as refusals of delivery by receivers, accidents, blocking of the means of transport by the authorities, etc.). What’s more, in exceptional circumstances, such as during the Covid confinement period or during the road transport stoppages and strikes that took place throughout the country between March and April 2022, our customers have always been able to counts on us.’

In fact, the situation in times of strikes and stoppages in the transport sector was not easy for the companies dedicated to land transport, and many of them, due to the convulsions of the time, even suffered damage to their vehicles caused by a group of people who, in favour of the strike during those dates, ‘took it’, in an absolutely vehement manner, against the vehicles in question. In relation to these events, which occurred to a significant number of road haulage companies and vehicles, Enrique can confirm that AIYON has recently managed to obtain, for one of its clients, a favourable ruling in the first instance, subject to appeal, against the Insurance Compensation Consortium, ensuring that concepts such as ‘riot’ and ‘extraordinary risk’ are not emptied of content, thereby rendering ineffective the coverage of claims that correspond to the Insurance Compensation Consortium. Let us not forget that the Consortium collects part of the premiums that insured hauliers pay to their insurance companies.

Asked about the great activity of the Port of Algeciras, our partner in the location, José Domínguez, tells us: ‘The port of Algeciras occupies a pre-eminent position within the Spanish port system. From our office in Algeciras, we provide ‘dockside’ assistance to shipping companies that provide passenger and goods transport services, both containers and roll-on/roll-off cargo in the Strait of Gibraltar, constantly advising not only in the day-to-day handling of all types of cargo and passengers claims, but also in the planning and management phases of the shipping companies to face challenges such as those of the so-called Operation Crossing the Strait (OPE). To this end, we regularly advise on charterparties, slot charters, shipbuilding and ship repair contracts, ancillary contracts and agreements such as stevedoring, confinement, etc. This is a part of the business that I particularly enjoy, as my background as a merchant seafarer is of great help to our clients, as I speak the same language as they do.’

Another of the most important traffics of Algeciras is the supply of fuel to ships, the so-called bunkering. Domínguez indicates in this respect that: ‘Algeciras is one of the most important bunkering ports in the Mediterranean. The maritime traffic through the Strait of Gibraltar, together with the magnificent anchorage of the port, make our port especially attractive for this type of operations. The figures that are handled are very relevant, close to 350,000 tons of oil products to ships, at a rate of approximately 200 ships supplied per month by a fleet of more than 15 barges of different sizes.’

For her part, Zuberoa Elorriaga, AIYON partner in Bilbao, points out that, in their almost 10 years as active partners, the common effort and trajectory has brought them together, allowing them to learn from each other: ‘Together with the rest of the firm’s staff, we form a close-knit team that encourages cooperation between offices and lawyers. It is not an easy sector as we face different challenges every day, with often complex cases and different actors involved, so the best way to work is to support each other and share experiences, which will always result in a better service for our clients.’

Finally, Zuberoa makes special mention of the continuous learning that the firm’s team is committed to pursuing, proof of which is the Postgraduate Course in Aeronautics and Space Law at the Faculty of Law (ICADE) of the Universidad Pontificia de Comillas, which she completed in 2021, opening up new areas of activity for the firm.

Listening to its partners, it is clear that in Aiyon Abogados they face this first decade of work and common effort as the beginning of a long and productive professional career looking to the future with optimism.

Read the article…

Irantzu Sedano represents the Bar Association of Bizkaia in the 5th International Human Rights Public Speaking Competition for Young Lawyers, organised by the FBE in Gdansk (Poland)

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From 5 to 7 September 2024, our colleague Irantzu Sedano participated in the ‘5th International Human Rights Public Speaking Competition for Young Lawyers’, organised by the European Federation of Bar Associations in Gdansk, Poland.

Showing its commitment not only to the legal field but also to the defence of fundamental values at the international level, the FBE brought together young lawyers from all over the world to discuss human rights and their relevance and impact at the international level.

In her speech, Irantzu highlighted the impact of maritime transport on climate change and its direct relationship with fundamental rights. She emphasised how global warming, exacerbated by emissions from freight transport, affects, in many cases disproportionately, the most vulnerable communities, thereby compromising essential rights such as access to life, health and housing, and then she linked this issue to new European environmental legislation, in particular the ‘EU Emission Trading System’ and the ‘Fit for 55’ legislative package. Legislation that seeks a phased decarbonisation of the maritime sector, and which is being criticised and praised in equal measure.

Irantzu underlined that these regulations, although ambitious and necessary, also face important challenges in their implementation, especially in terms of port infrastructure and competitiveness of European companies.

This is not the first event of international scope in which Irantzu has made her mark. In 2023 she also had the opportunity to participate in the ‘Contracts Competition’, a leading meeting for young lawyers specialising in commercial law and contracts, held in Lisbon, which demonstrates our strong commitment to the The Bar Association of Bizkaia, where part of our team, including Irantzu Sedano, actively participates in the ‘Maritime Law Commission’ and the ‘International Relations Commission’.

Without a doubt, participating in these events allows us not only to exchange knowledge with other professionals from around the world, but also to gain new perspectives on the global challenges facing the legal sector, thus enriching our professional vision and experience in different global discussion forums.

All of which is a reflection of the firm commitment of Aiyon Abogados with the continuous training of its lawyers and the expansion of its international relations, both essential pillars for the good development of our work, especially in a sector that is so globalized and in constant change as the logistics and transport sector.

AIYON present at SMM HAMBURG 2024

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Our colleagues in charge of the Algeciras and Cadiz offices, José Dominguez and Enrique Ortiz, represent AIYON at the ‘SMM Hamburg 2024’ fair, which is held in the Hamburg Messe congress hall in Hamburg (Germany).

The ‘SMM Hamburg’ is considered the largest trade fair for the maritime industry, specialising in shipbuilding, machinery and marine technology. This biennial fair has a great international impact, bringing together a wide and varied public (shipowners such as shipping companies, shipyards, auxiliary industry and also the offshore wind sector, etc.), which has been growing in recent years, bringing together this year in the city of Hamburg 40,000 participants from more than 120 countries.

From 3 to 6 September, more than 2,000 companies will be presenting state-of-the-art technologies and services, with workshops, symposia and conferences covering all types of topics related to the maritime industry.

We look forward to seeing you in Hamburg!

The Nature of the Time Limit for the Exercise of Claims for Loss or Damage to Goods under the Hague-Visby Rules – Limitation or Expiry?

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The recent judgement no. 185/2024 of the 4th Section of the Murcia Provincial Court dated 8 February 2024, reviewing the case law referring to the nature of the one (1) year period for the exercise of claims for loss or damage during carriage by sea under a bill of lading established by the International Convention for the Unification of Certain Rules Relating to Bills of Lading signed on 25 August 1924, as amended by the Protocols of 23 February 1968 and 21 December 1979, the Hague-Visby Rules, has taken a position in favour of the figure of expiry of time.

The aforementioned ruling therefore joins other rulings in favour of expiry of time, such as, for example, No. 269/2023 of 26 January 2023 of the 1st Section of the Provincial Court of Pontevedra, to which it refers to summarise the controversy. The latter, in turn, cites Supreme Court judgments No 328/1983 of 7 June 1983, No 43/1984 of 31 January 1984, No 339/1984 of 30 May 1984, No 56/1985 of 29 January 1985 and No 583/1985 of 11 October 1985, which declare that the time limit provided for in Article 3.6 of the Hague-Visby Rules is one of limitation.

Referring to other judgments which, on the contrary, have declared that this period is a limitation period and not an expiry period, the aforementioned judgment no. 185/2024 of the Murcia Provincial Court, which is the subject of this article, also agrees with the judgment of the Pontevedra Provincial Court of 26 January 2023 in that, although article 278. 4 and Article 286 of the Maritime Navigation Act, when regulating the contractual carrier’s recourse actions against the actual carrier and the actions arising from the charterparty, use the expression “limitation” not “expiry”, this should not lead to error since the Hague-Visby Rules are of preferential application to national regulations and their interpretation must be made in accordance with them. Hence, coinciding with the criterion of the judgement of the 28th Section of the Madrid Provincial Court nº 357/2021 of 14 October, the analysed judgement of the Murcia Provincial Court states that the scope of application of articles 278 and 286 of the Maritime Navigation Act must be redirected to the contract of carriage of goods by sea, excluding that which takes place under the bill of lading regime, which is subject to a limitation period.