Transport and Shipping Newsletter - November 2015


Publication edited quarterly in Spanish, Portuguese and English language by the Department of Shipping and Transport Law of Garrigues is focused on the Maritime Law in the EU, Spain and Portugal.

I. European Union and International
1. Legislation and legislative developments
1.1 Spain ratifies Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by sea
1.2 Adaptation of some provisions on employment matters in the Directives related to seafarers
1.3 Commission Regulation (EU) 2015/1998 of 5 November laying down detailed measures for the implementation of the common basic standards on aviation security
1.4 Decision on state aid implemented by Greece to a concession holder of a part of the Port of Piraeus
2. Recent case law
2.1 The CJEU clarifies that a technical problem is not an extraordinary circumstance preventing the passenger’s right to be compensated for a delay in her flight
II. Spain
1. Legislation and legislative developments
1.1 New government guarantees for converting vessels (engine replacements or scrubber installation)
1.2 Port and airport fees revised in the General Budget Law
1.3 Changes in the regime on the social security protection of workers in the marine and fishing industry and in employment matters (reform of the Workers’ Statute)
1.4 Creation of the Special Register of Spanish Fishing Boat Companies fishing exclusively in non-Community waters
1.5 Revision of the technical requirements to be satisfied by marine equipment to be placed on board a ship
1.6 Rules laid out on the procedure for depositing payment on the website to take part in judicial and notarial auctions. Impact on judicial and notarial sales of movable property (vessels and aircraft)
1.7 Entry into force of the Railway Industry Law
1.8 Completion of the rules on nationality and registration of civil aircraft and the regulations on registration of civil aircraft
2. Recent case law
2.1 The Supreme Court confirms that action for liability may be brought for loss or damage to goods even if no protest has been noted
2.2 The Supreme Court analyzes the regime on aggravated liability of the carrier by land for the defective carriage of fragile goods


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