Algeciras Hosts the First Celebration of the 10th Anniversary of AIYON Lawyers

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On Thursday, 29 May, the entire AIYON Abogados team celebrated the firm’s 10th anniversary at an event held at the Hotel Alborán in Algeciras, attended by our clients and friends, as well as our regular collaborators, with whom we form a solid team of lawyers and experts.

At this pleasant event, we brought together leading operators and various stakeholders from the logistics and transport sector in Algeciras and the rest of the province of Cádiz, as well as some local authorities, to commemorate a significant milestone in our professional career.

Multiple local media outlets reported this news, which undoubtedly fills us with pride for the effort and dedication that the team has put into achieving this goal, but above all for its five partners, Enrique Ortiz (head of the Cadiz office), Verónica Meana (head of the Madrid office), Mikel Garteiz-goxeaskoa and Zuberoa Elorriaga (heads of the Bilbao office) and José Antonio Domínguez (head of the Algeciras office); partners who work side by side with the rest of the team in handling all kinds of matters related to their specialities.

Founded in 2015 in the city of Bilbao, AIYON Abogados is one of the few specialist law firms currently operating in Spain that provides advice in the areas of maritime law, transport law (both land and air), insurance law and international trade, addressing all of its clients’ legal needs thanks to a highly qualified and multidisciplinary team of lawyers and a network of trusted collaborators in other areas of law (criminal, tax, commercial, and labour), enabling them to offer a 360º legal service. In fact, last March, we were once again highlighted by the prestigious British legal guide Chambers & Partners in the category of ‘Shipping – Maritime Law’ for Spain, and we also contributed to the chapter on Maritime Law in Spain for the guide The International Comparative Legal Guides, 2025 (ICLG).

This is the firm’s first celebration in this momentous year 2025, which will be followed by a second celebration in Bilbao after the summer, serving as the grand finale to commemorate a decade of work and joint effort, with all eyes set on the next 10 years. Congratulations, AIYON Abogados!

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How is the Arrival of Stowaways in Spanish Ports Managed?

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We would like to thank the Catalan newspaper El Nacional.cat  for the collaboration of our colleagues Jose Antonio Dominguez Castro and Zuberoa Elorriaga for their article on stowaways.

Specifically, the Catalan newspaper reports on the arrival of stowaways in the Port of Barcelona on different ships, which poses a challenge for the different actors affected by this eventuality. Although the newspaper points out that the arrival of stowaways in the Port of Barcelona is scarce, it confirms that this does not mean that this phenomenon does not exist, but that it generally does not transcend despite the fact that it is a reality which, in the 21st century, is still present in maritime life and in the different Spanish and European ports. According to data from the Ministry of the Interior to which the publication had access, between 2016 and 2024 a total of 137 stowaways arrived at the Port of Barcelona: 11 (2016); 20 (2017); 15 (2018); 47 (2019); 15 (2020); 13 (2021); 9 (2022); 3 (2023), and 4 (2024). The authorities state that their provenance is unknown and point out that ‘they have embarked through unregulated procedures unknown to the ship’s captain’.

As El Nacional.cat points out, our firm, in collaboration with the shipowners involved, the responsible authorities, shipping agents and P/I clubs, has managed complex situations arising from this reality in Europe, which undoubtedly always pose a challenge for our team. In this sense, our partner José Antonio Domínguez , a lawyer from the Algeciras office with accredited experience in cases of management of stowaways arriving at the Port of Algeciras, explained in detail to the newspaper the multiple steps and actions that must be taken with all the agents affected once stowaways are detained on a ship on its arrival at a Spanish port, without forgetting the human factor that all this entails, as we are talking about people in an irregular and precarious situation who must be treated with respect and humanity.

Enrique Ortiz, Partner of AIYON Cadiz, Participates in the Round Table Organised by the Propeller Club of Algeciras

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On the 29th of April, an interesting meeting took place in Algeciras, organised by the Propeller Club of Algeciras, which brought together many of the most relevant members of the maritime and transport sector in the Bay of Algeciras, including Enrique Ortiz), our partner responsible for the Cadiz office.

The round table was attended by the presidents of the three major associations of companies operating in the Port of Algeciras, such as the Association of Service Companies of the Bay of Algeciras (AESBA), the Association of Freight Forwarders, International Forwarders and Similar of the Bay of Algeciras (ATEIA-OLTRA) and the Port Community of the Bay of Algeciras (Comport), and was moderated by Mr. Manuel Piedra.

During the meeting, José Antonio Fernández, Manuel Cózar and José Manuel Tejedor analysed the current situation, as well as the future of the logistics-port community of the Port of Algeciras. In general, the participants agreed in demanding better tools for the port facilities and the region in the form of better infrastructures, more space for the activity of the companies in the sector, as well as adequate and up-to-date training to improve the service provided.

The dismissal of Mr. Álvaro Rodríguez Dapena as president of Puertos del Estado, considered a strategic ally for Algeciras, also had a place in the round table. The president of Comport regretted that it is a ‘huge loss for the Port’.

Another recurring theme that was also discussed, and which not only affects the Port of Algeciras but all areas of logistics and transport at national level, was the shortage of qualified personnel in sectors such as consignment, customs or port services. The lack of a maritime-port training centre in the region was highlighted, as well as the urgent need to promote dual training, improve technical training and provide companies with more customs representatives.

In relation to the so-called ‘Green Strategy’ followed by the Port of Algeciras, the speakers advocated the need to advance in compliance with European regulations, but pointed out that some of the measures should have a ‘more practical’ sense in order to be able to adapt better to the needs of the operators.

In general, it was a very complete and pleasant meeting in which Enrique Ortiz was able to take note of the different aspects discussed, as well as to reinforce the links that our firm has with the community of the Bay of Algeciras, and its different actors.

Regulation (EU) 2023/1805 on Renewable and Hypo-Carbon Fuels in Maritime Transport

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Regulation (EU) 2023/1805 of the European Parliament and of the Council of 13 September 2023 on the use of renewable fuels and low-carbon fuels for maritime transport and amending Directive 2009/16/EC  represents a milestone in the transition towards more sustainable shipping in the European Union. In force since 12 October of the same year and applicable as of 1 January 2025, this regulation establishes new rules to promote the use of renewable and low-emission fuels in shipping within the EU. Its purpose is clear: to reduce greenhouse gas emissions and move towards the climate commitments of the ‘European Green Pact’ which aims to create a climate-neutral Europe by transforming the way we produce and consume.

Maritime transport, which plays a key role in the global and European economy as it handles 75% of the EU’s external trade and 31% of internal trade, has a very significant environmental impact, accounting for 3-4% of total CO2 emissions in the region.

Faced with this challenge, Regulation (EU) 2023/1805 outlines a roadmap for the decarbonisation of the sector, driving the transition to cleaner energy sources. This initiative will not only reduce pollution but also ensure the competitiveness and sustainability of maritime transport in Europe.

The Regulation lays down specific rules to reduce the greenhouse gas intensity of fuels used in maritime transport. One of its main features is that it applies to ships with a gross tonnage of more than 5,000 tonnes operating in EU ports, irrespective of their country of origin or destination. In addition, progressive emission reduction targets are set, starting at 2% from 01 January 2025 and gradually increasing to 80% by 2050 (1). To achieve this, it calls for the use of renewable and low-carbon fuels such as advanced biofuels, hydrogen, green ammonia and electricity. It also promotes the use of wind-assisted propulsion as a viable alternative.

That said, one of the key elements of the regulation is the obligation to use electricity in ports. From 2030, container and passenger ships will have to be connected to the electricity grid at the quayside to avoid the use of combustion engines while in port. This measure will significantly reduce air pollution in coastal cities and improve air quality for local residents.

The implementation of Regulation (EU) 2023/1805 will have a positive impact on the reduction of pollutant emissions in maritime transport. This legislation is expected to drive innovation in propulsion technologies and encourage the development of more sustainable fuels, consolidating Europe’s leadership in green solutions for the maritime sector.

However, it also presents challenges, especially in economic terms. Shipping companies will have to invest heavily to adapt their fleets to meet the new standards. In addition, the development of adequate port infrastructures to ensure the supply of alternative fuels and the implementation of efficient electrical systems will be crucial.

Sanctions and enforcement systems: To ensure compliance with the regulation, a penalty system known as FuelEU will be implemented, which will penalise ship operators that fail to meet emission reduction targets. In addition, compensation between vessels within the same company will be allowed to balance compliance levels and facilitate a more flexible transition to clean fuels.

In conclusion, Regulation (EU) 2023/1805 marks a turning point in the regulation of maritime transport in the European Union. With these measures, the EU reaffirms its commitment to the fight against climate change and its leadership in promoting sustainable solutions for global transport, a clear example of commitment to future generations and the planet.

The effective implementation of this regulation will undoubtedly depend on the joint efforts of authorities, companies and operators in the maritime sector, who will have to adapt to this new era of green and responsible shipping and, although the transition to a more sustainable maritime industry involves challenges in terms of costs and technological adaptation, the long-term environmental and economic benefits are unquestionable.

(1) The regulation sets concrete targets compared to 2020 levels: 2% less in 2025, 6% in 2030, 14.5% in 2035, 31% in 2040, 62% in 2045 and 80% in 2050.

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!