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Transport and Shipping Newsletter - October 2018

Spain - 

Information prepared by the transport and shipping group containing the most important legislative and case law developments in recent months.

Spanish ‘Tax Lease’: new judgment reopens litigation in the European courts 

The Court of Justice of the European Union has held that the Economic Interest Groupings were not just vehicles channeling aid to the investors, they were also direct beneficiaries of the aid themselves.

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New European rules on civil drones come into force

The Regulations sets out a number of common and uniform rules across the European Union which attempt to provide clarity and consistency and are applicable to drones of all sizes, not just the larger ones.

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NEWS ROUNDUP

  • Approved by Royal Decree-Law, the reform of the Land Transport Planning Law containing amendments related to the hire of vehicles with drivers
  • Increased 75% discount on air and sea travel for residents of the Canary Islands, the Balearics, Ceuta and Melilla
  • Approval given to €40 million fund to secure installation of ballast water treatment systems by shipping companies
  • Other notable elements of the General Budget law for 2018 with an impact on the shipping industry

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JUDGMENTS

  • Valencia Provincial Appellate Court clarifies the content and electronic nature of Services Contracts between shipping companies and shippers
  • Absence of a seaworthiness certificate does not exclude insurance cover for pleasure craft
  • CJEU refines definition of “air carrier” in relation to a wet lease
  • European protection for delays also encompasses flights on the same booking, even if they include scheduled stopover with change of aircraft
  • Compensation for delay in carriage by sea clarified by Valencia Provincial Appellate Court

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