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When War Hits the Shipping Lanes: The Hidden Cost of Conflict in Maritime Transport

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It is a well-known fact that around 80% of global trade is transported by sea; but what happens when those waters are no longer safe?

International trade does not come to a sudden halt, but it is directly affected and, in many cases, without any opportunity to react in time. Longer-than-usual shipping routes, unpredictable costs, strained contracts and a chain of liability that is not always balanced or clearly defined.

Even though they may seem far removed from us, armed conflicts in strategic locations—the Red Sea, the Gulf of Oman, the Strait of Hormuz—are not far off when we talk about international transport. They slip into the supply chain almost seamlessly: it starts with a shipowner’s decision on whether a vessel is seaworthy and ends with an importer failing to receive their cargo on time, with costs deviating from what was previously agreed, and with contracts that cannot be fulfilled.

That is what this article is about: tracing that chain of events. It looks at how war at sea sets off a chain reaction that begins with marine insurance and ultimately affects freight rates, delivery times, sales contracts and, ultimately, the global economy.

The designation of “War Zone”

It all begins with a technical decision that has devastating commercial consequences: the classification of a maritime zone as a high-risk area for warfare. This task falls primarily to the Joint War Committee (JWC), an independent body comprising representatives of insurers from the Lloyd’s of London market and the International Underwriting Association (IUA). Its role is to monitor geopolitical and security conditions in various maritime regions in order to identify which areas pose a high risk of conflict.

The JWC’s decision is not merely declaratory. It has immediate and quantifiable effects: it triggers what are known as ‘war risk premiums’, i.e. additional premiums that shipowners must pay to maintain cover for their vessels in those areas. And, in the most serious cases, when the risk is classified as extreme, insurers issue a “Notice of Cancellation”, which is a formal notice of cancellation of cover that provides only seven days of residual cover. Once that period has elapsed, the vessel sails without insurance cover, which in practice means it cannot sail. The situation in the Red Sea and the Gulf of Aden following the Houthi rebel attacks in late 2023 perfectly illustrates this mechanism. Within a matter of weeks, what had been a regular shipping route for trade between Asia and Europe became a de facto no-go zone for much of the world’s merchant fleet.

Marine insurance against the risk of war

At this point, it is important to have a clear understanding of the insurance framework for maritime transport, because that is where the chain of problems begins.

Standard insurance policies fall into two main categories. On the one hand, there is the shipowner’s own insurance: Hull & Machinery (H&M) cover for damage to the vessel itself, and Protection & Indemnity (P&I) cover for third-party liability. On the other hand, shippers’ own insurance policies, which are primarily based on the British Institute Cargo Clauses (ICC), clauses that are also applied in other areas of transport.

The common feature of both types of cover is the exclusion of war risk, as provided for in Article 418 of the Spanish Maritime Navigation Act (Act 14/2014 of 24 July). Por tanto, las condiciones estándar del mercado excluyen expresamente de la cobertura ordinaria los riesgos y daños derivados de situaciones de guerra (conste declarada o no, sea civil o internacional), así como de bloqueos, apresamiento, captura o terrorismo. No es una letra pequeña sin más, sino una exclusión estructural del sistema que se ha mantenido durante años.

The way to avoid this situation is to take out specific additional cover through “Institute War Clauses”, for both the vessel and the cargo. However, this additional cover, which protects against direct damage and may apply to situations such as ‘general average’, also has significant limitations: it does not cover losses arising from delay, nor the costs of re-shipping the goods when the vessel has had to unload at an intermediate port, nor any surcharges or additional costs imposed by the shipping company on the shipper as a result of the war situation it is facing.

In practical terms, war risk insurance may cover you if your container sinks or is damaged by an attack, but it does not cover the consequences of it arriving two months late (even though the delay is often the greatest actual financial loss for the shipper), the problems arising from having to unload at another port because the vessel was unable to continue its route, nor the fact that you are charged a ‘War Risk Surcharge’ of several thousand euros.

The shipowner’s response: legal and contractual rights

As has recently been the case, when a region is declared a war zone and insurance cover becomes more expensive or disappears altogether, as we have already seen, shipowners and shipping companies are faced with a number of operational options, all of which are permitted under the law.

At international level, the Hague-Visby Rules, which govern most international maritime transport contracts through bills of lading (B/L), provide in Article 4.2 for the carrier’s exemption from liability for loss or damage resulting from acts of war, acts of public enemies or detention by sovereign authorities. More importantly, the same article stipulates that any change of course that is reasonable for the purpose of saving human life or property at sea shall not constitute a breach of that convention or of the agreed contract of carriage; consequently, the carrier shall not be liable for any resulting damage. Spanish legislation, Law 14/2014 on Maritime Navigation, follows the same line of thinking by recognising the carrier’s exemption from liability for acts of war and limiting its liability for delay to a maximum of 2.5 times the amount of the freight (Articles 277 et seq.).

Before embarkation, the carrier may delay departure or cancel the voyage. Once the voyage has commenced, the carrier may divert to a safe port, unload the goods there and charge a pro rata freight charge plus any expenses incurred, unless the state of war was already known at the time the contract was entered into. 

However, this legal framework does not operate in isolation. In line with their usual practice of shielding themselves as much as possible against the vagaries of sea voyages, shipping companies and shipowners have incorporated specific clauses into their bills of lading (B/L) and charter party agreements that considerably extend their rights in the event of war risks. A clear example of this is the measures adopted by the Baltic and International Maritime Council (BIMCO), an international shipping association representing 64% of the world’s tonnage, which has updated its VOYWAR (for voyage contracts) and CONWARTIME (for time charters) clauses for 2025, providing the carrier with a very wide range of options for action.

In practice, the general terms and conditions of major shipping lines such as Maersk, MSC, CMA CGM and COSCO allow them to unilaterally alter the agreed voyage, including cancellation prior to loading (with the possibility of freight charges being levied), route diversion, temporary suspension and storage, transhipment to another vessel, and even the termination of the voyage at a safe intermediate port. All this without liability for damage or delay on the part of the shipowners, but with the right to claim the full freight and any extraordinary expenses arising from the situation.

Surcharges, diversions and disruptions

Although the legal framework is relatively clear, the commercial reality is considerably more costly and chaotic when we are faced with a conflict. This is because, when a shipping company decides not to sail through a conflict zone, the consequences of its actions and decisions are passed on directly to other operators, and more specifically to the shipper, who is ultimately the party most at risk.

Let us suppose, as happened in a recent example, that shipowners decide to take a detour around the Cape of Good Hope to avoid the route through the Red Sea and the Suez Canal. According to data from UNCTAD (United Nations Conference on Trade and Development), this detour amounts to approximately 3,500 additional nautical miles (around 6,500 km), which translates into an extra 10 to 12 days’ voyage, increased fuel consumption, the need for additional stopovers and a complete recalibration of the delivery schedules for the cargo(s) at their destination(s). Route changes that can also have other impacts on the affected areas, as demonstrated by the situation on the South African coast, where maritime traffic increased by 67% over the past year as a result of these massive diversions.

These costs take the form of specific surcharges such as the “War Risk Surcharge” (WRS), imposed by shipping lines and varying according to the route concerned, which is passed on in full to the shipper; the “Emergency Bunker Surcharge” due to increased fuel consumption resulting from the diversion; and, in the most extreme cases, the costs of unloading and storage at an intermediate port, which are borne by the shipper on the basis that they are the consequence of a force majeure event legally attributable to the state of war beyond the carriers’ control.

The concept of ‘general average’ adds a further layer of complexity to this already complex scenario. If the shipowner incurs extraordinary expenses to save the vessel and the cargo, such as taking on an emergency tow, remaining in a port of refuge, or carrying out repairs to continue the voyage, they may be obliged to declare general average and claim from the owners of the saved interests their proportionate contribution to such a situation. This mechanism, governed by the York-Antwerp Rules under most bills of lading, can result in costly settlements and lengthy arbitration proceedings to enforce them, proceedings which are usually held in London (UK).

Impact on the global economy

Given that maritime transport is the backbone of international trade, and that any disruption to it has a knock-on effect on industries and consumers far from the coast, a state of war never goes unnoticed. 

Uncertainty regarding delivery times and the final cost of the agreed route makes business planning extremely difficult. Delays in the arrival of goods impact projects and production lines of all kinds, as well as leading to breaches of contract within the supply chain. Surcharges on the final freight cost make products more expensive and affect other contracts, where transport is only one part of the agreed sale.

Furthermore, the problem is exacerbated by the fact that the war cover we have already discussed, even where it exists, has gaps that leave the most common negative consequences unprotected; for example, delays are not covered under any standard form of cargo insurance, surcharges imposed by the shipping company are not covered under the policy either, or the costs of redispatch, in the event that the goods are stranded at an intermediate port along the route, are of doubtful coverage even under the ‘Institute War Clauses’.

Undoubtedly, the situation described highlights the fact that maritime law—both international conventions (the Hague-Visby Rules) and national legislation (the Maritime Navigation Act)—is reasonably structured to protect shipowners against the risk of war, providing for broad exemptions from liability and considerable operational prerogatives, within a contractual framework (BIMCO) that further reinforces this position.

Consequently, the weak link will be the shipper, who bears the costs without having much scope to pass them on to parties further up or down the contractual chain, unless they have negotiated in detail—taking into account all possible contingencies—the sales contracts in which maritime transport is an essential component, as well as the insurance policies. Against this backdrop, we must make some specific recommendations:

When it comes to insurance, we recommend always taking out ICC (A) cover supplemented by the Institute War Clauses (Cargo). It is also advisable to check specifically that the affected routes are included in these clauses and to be aware of the exclusions set out in the policy, such as delays, surcharges and re-routing costs, which are not usually covered by war insurance.

In contractual matters, we recommend including specific clauses in sales contracts that set out who bears the risk of delays or disruptions caused by war, and that expressly allocate liability for any extraordinary surcharges that may arise. Provision should also be made for the right to terminate the contract should the situation persist over time.

When it comes to Incoterms, we recommend assessing the implications of each term and choosing the one that best suits your needs, as, in sales under terms such as CIF or CIP, the seller is obliged to take out insurance, but the minimum cover required may prove insufficient in a conflict situation such as the one we are currently experiencing.

Sadly, war at sea is not a historical anomaly or an unlikely eventuality. History shows us that it is a systemic, recurring risk with far-reaching legal and economic consequences. Therefore, ignoring this phenomenon in contractual and insurance planning is, quite simply, a luxury that international trade cannot afford.

Key regulatory references
The 1924 Brussels Convention on Bills of Lading, as amended by the 1968 and 1979 Protocols (The Hague-Visby Rules)
Law 14/2014 of 24 July on Maritime Navigation (Spain)
Institute Cargo Clauses (A), (B) y (C)
Institute of London Underwriters
Institute War Clauses (Cargo)
BIMCO VOYWAR 2025 and CONWARTIME 2025 clauses
York and Antwerp Rules 2016

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Transport Safety and the Role of the Independent Administrative Authority, in Connection with Law 2/2024 of 1 August

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Maritime, rail and air transport, in spite of technological and regulatory advances, continue to pose significant risks to human life, the integrity of means of transport, cargoes and the environment. In this context, the proper management of accidents and incidents is an essential element to strengthen safety in these strategic sectors.

Experience shows that well-structured prevention, control and response systems are vital. This need gave rise to Law 2/2024 of 1 August on the creation of the Independent Administrative Authority for the Technical Investigation of Railway, Maritime and Civil Aviation Accidents and Incidents. This law represents a significant step forward in the strengthening of investigation and control mechanisms in the field of transport safety in Spain, giving an essential role to a new body created for this purpose: the Independent Administrative Authority.

Law 2/2024 establishes the regulatory framework for the creation of this Authority, which is set up as an autonomous and impartial body. Its main objective is to investigate accidents and incidents in maritime, rail and air transport, not only to determine the causes of each event, but also to make recommendations to prevent future accidents.

The establishment of this Authority responds to the need to guarantee investigations free from external interference, thus ensuring the objectivity of its actions and conclusions, based on the principles of functional independence, objectivity, transparency, prevention, confidentiality in the investigation, institutional and international cooperation and access for victims and interested parties.

Furthermore, the new regulation reinforces Spain’s commitment to international standards, such as those established by the International Maritime Organisation (IMO), for the maritime sector, the International Civil Aviation Organisation (ICAO) for the aviation sector and the Intergovernmental Organisation for International Carriage by Rail (OTIF) for the railway sector.

Focusing on its functions, the IAA has a number of key responsibilities, among them:

  1. Impartial and technical accident investigation: The Authority will be responsible for analysing each technical incident or accident in all three modes of transport (maritime, air and rail), collecting all relevant data and making a technical assessment to determine the causes. Such an investigation shall be carried out with maximum transparency, allowing access to information to victims directly involved in the investigation in question, as well as to other interested parties.

It cannot be overlooked that the investigation of accidents and incidents is a detailed and complex process involving the collection of evidence, interviews with the parties and witnesses, and the development of a technical analysis of the means of transport involved and their protocols of action, one of the main objectives being to identify the underlying causes of accidents and incidents. These can be of a technical, human, organisational or infrastructural nature.

  1. Preparation of reports and recommendations: Following the investigation, the IAA will issue detailed reports and suggest corrective measures which will be published on the Authority’s website for public knowledge. Safety recommendations should not constitute a presumption of fault or liability for an accident or incident and may relate to deficiencies which are not the cause of the accident. It will not be necessary to wait for the publication of the final report before making safety recommendations.
  1. Collaboration with other institutions: The technical investigation of accidents and incidents shall be independent of any other administrative, judicial or parliamentary proceedings in relation to the occurrence under investigation, and IAA staff involved in the investigation shall not form part of other teams, groups or areas of investigation of the incident unless explicitly agreed by the Authority. However, in order to ensure that the different procedures are carried out efficiently, the Authority will maintain the necessary collaborative relationships with the institutions with competences related to the accident or incident subject to a technical investigation (the Spanish Courts, the Judiciary, the Public Prosecutor’s Office and other Technical Investigation Authorities).

Similarly, the IAA may participate or accept an invitation to participate in the investigation of an accident or incident outside Spanish territory, which will undoubtedly be of benefit not only to itself but also globally by being able to share knowledge and experience with authorities or institutions in other countries.

  1. Training and awareness-raising: In addition to research, the IAA will conduct training and awareness programmes for maritime, aviation and rail stakeholders to reduce accident risks and enhance an international safety culture.

Focusing on the particularities of each sector regulated by the Law, we would like to highlight the following points:

  • Railway sector: Rail transport poses risks related to derailments, collisions, accidents at level crossings, damage caused to people by rolling stock in motion, fires, technical failures of structural subsystems, components of the railway system, among others. Therefore, the IAA shall investigate serious railway accidents occurring on the General Interest Railway Network defined in Law 38/2015, of 29 September, on the Railway Sector.
  • Maritime Sector: In maritime transport, the Authority shall investigate very serious and serious maritime accidents involving vessels flying the Spanish flag, irrespective of the location of the accident, as well as accidents occurring in the Spanish territorial sea or internal waters, as defined by UNCLOS / CONVENTION, irrespective of the flag of the ships involved in the incident, or those affecting substantial Spanish interests, irrespective of the location of the incident and irrespective of the flag of the ships involved and the installations or infrastructure used for operations related to research and exploitation of hydrocarbons in the marine environment (1). On the basis of Law 2/2024 of 1 August, the Authority excludes from its scope of investigation maritime accidents and incidents involving warships and other vessels assigned to or operated by the Armed Forces, State vessels providing exclusively non-commercial services, accidents and incidents occurring in non-maritime inland waters, and finally, to vessels without mechanical propulsion, wooden ships of primitive build, yachts and pleasure craft not used for commercial purposes, unless they are or will be crewed and carrying or will carry more than twelve passengers for commercial purposes and fishing vessels of less than fifteen metres in length.
  • Civil Aviation Sector: Civil aviation, not only because of its high technological and organisational complexity, but also because it has historically been required to do so, applies the highest levels of safety and security. The IAA shall assume responsibility for the investigation of serious civil aviation accidents and incidents (2), accidents and incidents occurring in Spanish territory or outside Spanish jurisdiction when a person of Spanish nationality has suffered relevant damage. 

CONCLUSIONS:

The creation of the Independent Administrative Authority (IAA) is a decisive step towards reinforcing transport safety in Spain, with a positive impact also on overall safety. By consolidating maritime, rail and air accident investigations into a single body, administrative efficiency is optimised, functional independence is guaranteed and Spain’s international safety position is strengthened.

This reform will not only facilitate impartial and rigorous investigations, but will promote a proactive approach to accident prevention, continuous learning and improvement, fully aligned with the principles of transparency, objectivity and continuous progress demanded by international standards.

  1. Royal Decree-Law 16/2017, of 17 November, establishing safety provisions for the research and exploitation of hydrocarbons in the marine environment.
  2. Regulation (EU) 996/2010 of the European Parliament and of the Council of 20 October 2010.

🌟 10TH ANNIVERSARY, WE HAVE MUCH TO CELEBRATE! 🌟

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🌟 10TH ANNIVERSARY, WE HAVE MUCH TO CELEBRATE! 🌟

AIYON Abogados commemorates its 10th anniversary at its headquarters in Bilbao, marking the culmination of a great year of celebrations

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AIYON Abogados celebrates its 10th anniversary at its headquarters in Bilbao, after a decade in which it has consolidated its position as a national and international leader in maritime and transport law, reaffirming at all times its commitment to professional excellence and personalised service to its clients.

Our boutique firm celebrated its tenth anniversary with a wonderful event held at La Torre de Iberdrola on 2 October, attended by clients and partners, as well as representatives from the logistics and transport sector at national and international level. An event that brings a great year of celebrations to a close, after a decade of hard work and shared enthusiasm.

Founded in 2015 by a team of expert lawyers, all specialising in maritime law, transport, international trade and insurance, the firm has grown to have offices in Madrid, Cadiz and Algeciras, in addition to its headquarters in Bilbao, which hosted the event. Its multidisciplinary team of solicitors, with an average of more than twenty years’ experience in the sector, offers a comprehensive 360º legal service (24/7) within its areas of expertise, as well as in any other area of law with the help of its regular collaborators.

During these ten years of work, the AIYON team has demonstrated its ability to adapt to the challenges of the sector. Over the years, the firm has advised companies and professionals of all kinds, handling both small queries and actively participating in large-scale projects. In addition to being appointed to assist in major maritime accidents occurring at sea, the firm’s solicitors are at the forefront of new technologies being implemented in the sector, such as offshore platforms and, more specifically, floating offshore wind farms. Our close collaboration with local engineering firm SAITEC Offshore Technologies is proof of this.

AIYON Abogados has not only consolidated its presence in the domestic market, but we are also one of the main collaborating firms for numerous companies in the sector based in other countries, including multinationals and insurance companies with an international presence, prestigious law firms and P&I Clubs, and institutions such as the IOPC Funds (IMO). In this way, we position ourselves as a leading law firm, offering tailored legal advice and solutions.

In a global and constantly evolving environment, the solicitors at AIYON know that the sector always requires dynamic measures tailored to each case and each client. The five partners, Mikel Garteiz-goxeaskoa, Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Zuberoa Elorriaga, whose work has been recognised by specialist British directories such as The Legal500 and Chambers & Partners, lead a team of young professionals who aspire to contribute to the firm’s growth in the coming years so that, in another decade, we can all once again commemorate the good work of our firm and its hallmark, which combines the serious, professional and dedicated practice of its profession with an approach that is always friendly and attentive.

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Closure of the II Advanced Arbitration Practice Course for Arbitrators, with recognition for creativity for Verónica Meana

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On September 27, 2025, the II Advanced Arbitration Practice Course, organized by CIAM-CIAR, came to a close, with our partner Verónica Meana among its participants.

The program provided an in-depth exploration of key issues in arbitral practice, including the validity of the arbitration agreement, the appointment of arbitrators, the duty of disclosure, emergency arbitrators and interim measures, the case management conference, the first procedural order, the taking of evidence, procedural incidents, allocation of costs, as well as the drafting of awards and possible challenges.

The experience proved to be highly enriching thanks to a top-quality program, flawless organization, and outstanding faculty. Verónica wishes to publicly express her gratitude to Juan Fernández-Armesto, Giulio Palermo, the CIAM-CIAR team —Marta Lalaguna, María Paula Jijón, Thalía Jiménez, and Stefano Lobatón—, as well as the rest of the faculty, for their academic excellence and dedication throughout the course.

At the closing ceremony, Verónica was honoured with the Extraordinary Award for Creativity, a recognition that is a particular source of pride for our firm.

The Role of the Spanish Ports in Today’s Global Landscape

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In a context of geopolitical uncertainty marked by international conflicts and some crises inherited from 2024, Spanish ports have acquired a strategic role. Spain, with its consolidated maritime tradition, has become a key logistics hub within Europe, positioning itself as a global trade reference due to its geographical location and connectivity.

This is reflected in the growing economic impact of Spain’s general interest ports, which have significantly increased their contribution in recent years. According to a study on the economic impact of Spanish ports, they generate 24.3 billion euros and support 250,000 jobs, accounting for 2.2 percent of national GDP and 1.4 percent of total employment. Spain’s strategic position, at the crossroads of Europe, Africa and America, further reinforces its global logistics significance. The Strait of Gibraltar alone handles between 10 and 25 percent of global maritime trade, consolidating Spanish ports as critical infrastructures in international shipping routes.

Among the Spain’s main ports, the following stand out:

  • Santander/Bilbao: Essential for trade with the UK and Northern Europe.
  • A Coruña/Vigo: Key connections with the Americas, while facilitating north-south trade between Europe and Africa.
  • Algeciras: Spain’s largest port and one of Europe’s top transshipment hubs, maintaining critical links with Africa, the Americas and Asia.
  • Valencia: A leading container port, with strong commercial ties to China and Southeast Asia.
  • Barcelona: A crucial gateway to the Mediterranean and North Africa, with historically high cargo volumes.

This being so, recent geopolitical changes have significantly impacted Spanish ports, compelling them to redefine strategies and adjust priorities in response to new global challenges.

  1. US-China tensions. The expansion of China’s Maritime Silk Road has reinforced Beijing’s presence in the Mediterranean, reshaping trade dynamics. In 2025, new sanctions and ongoing technological disputes could disrupt trade flows, potentially affecting Spanish exports to Asia.
  1. The war in Ukraine and NATO expansion. The energy crisis has shifted trade benefits toward Mediterranean ports, often at the expense of Northern European hubs. Spain has capitalized on this shift by positioning itself as a key LNG importer from the Americas and Africa, leveraging agreements such as the EU-Egypt-Israel trilateral memorandum on natural gas exports to Europe.
  1. The Panama Canal crisis. A potential political crisis or rising transit costs through the Panama Canal could pose challenges for Valencia, Barcelona and Algeciras, which rely heavily on the canal for trade with South America’s Pacific coast. Any disruption could affect rout viability and overall trade volumes.
  1. Decarbonisation and the EU Green Deal. The shift towards a more sustainable maritime transport presents challenges. Spanish ports must adapt to stricter CO₂ regulations while ensuring they remain competitive in global trade.

In order to maintain their global position, Spanish ports must focus on key strategic areas.  Investing in modern infrastructure and digitalisation will be essential for adapting to evolving technological and environmental regulations. Strengthening rail and logistics connectivity will enhance landside efficiency and improve cargo distribution. Additionally, expanding the Green Maritime Corridor in 2025 will further consolidate Spain’s role in sustainable global trade.

Spanish ports must continue evolving towards a more sustainable, technologically advanced mode, fully integrated into international logistics networks.

Only by doing so will they successfully face current and future geopolitical and economic challenges, consolidating their position as key players in global trade.

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The CJEU Allows Advance Complaints for Delayed Baggage (Article 31.2 of the Montreal Convention)

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On 5 June 2025, the Court of Justice of the European Union (CJEU) ruled on case C-292/24 (AD vs. Iberia Líneas Aéreas de España, S.A. – Operadora Unipersonal), addressing a key point of the Montreal Convention, namely: can a complaint be lodged for delayed delivery of baggage before it is made available to the passenger?

The context of the dispute is based on a claim filed by AD, an air passenger, against the airline Iberia Líneas Aéreas de España, S.A.- Operadora Unipersonal (hereinafter, ‘Iberia’), in relation to the latter’s liability for the damage caused by the delay in the air transport of AD’s luggage. The passenger reported the incident on the same day, requesting contact from the airline. When he did not receive a response, he made the purchases he deemed necessary to cover his needs. A few days later, his luggage was delivered to him. Iberia, for its part, refused to compensate the expenses related to the replacement purchases made, as well as the travel expenses and the price of the tickets corresponding to a replacement flight, arguing that the complaint did not comply with the 21-day deadline set forth in Article 31.2 of the 1999 Montreal Convention.

The preliminary ruling referred to the CJEU concerned the interpretation of the second sentence of Article 31.2 of the Montreal Convention, approved by Decision 2001/539/EC and in force for the Union since 28 June 2004. Article 31.2 of the aforementioned Convention states: “[…] In the event of delay, the complaint must be made no later than twenty-one days from the date on which the baggage or cargo was made available to you.”

The CJEU ruled that the aforementioned provision does not impose a strict time limit on when the complaint must be lodged, provided that the maximum period of twenty-one days from the date on which the luggage was finally made available to the recipient has not been exceeded. Therefore, the Court made a literal and final interpretation of the article, emphasising that its wording sets a limitation period but does not expressly prohibit early protest.

Consequently, this interpretation avoids unnecessary formalities and promotes greater legal certainty and effectiveness in protecting the rights of passengers affected by unjustified delays in the delivery of their luggage.

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.

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.

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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.