Jurisprudence
In this section we offer a selection of judgments issued in cases defended by our lawyers and containing relevant pronouncements in matters related to maritime law, transportation and other related matters.
Judgment of the Court of Appeal of Valladolid dated December 30, 2022
Seller’s liability under the C&F Incoterm for damage caused to a consignment of frozen fish due to defective stowage of the fish in the container, which was rejected by the sanitary authorities for inadequate temperature of the fish.
Judgment of the Court of Appeal of Barcelona dated November 26, 2021
The repair of a sailboat engine is not governed by Article 108 of the Maritime Navigation Law, which refers to the repair of the vessel and its structural elements.
Judgment of the Court of Appeal of Valencia dated February 25, 2021
The precepts of the Maritime Navigation Law that regulate the port handler’s liability are mandatory and are not available to the parties.
Judgment of the Supreme Court dated October 16, 2001
The appeal filed against Royal Decree 1466/1997, which determines the legal regime for regular maritime cabotage lines and public interest shipping, is partially upheld.
Judgment of the Court of Appeal of Madrid dated November 4, 2019
The owner of a parking lot was ordered to pay the value of the goods stolen from a truck parked in the parking lot, which offered 24-hour surveillance to the carriers, for breach of the obligation of guard and custody. Law 40/2002 on Vehicle Parking Contracts, which excludes liability for the theft of goods inside the vehicles, does not apply.
Judgment of the Court of Appeal of Barcelona dated November 13, 2018
ICCA all-risk coverage prevails over Institute Frozen Foods, which also does not apply to refrigerated foods.
Order of the Court of Appeal of Alicante dated December 12, 2017
Objective jurisdiction: corresponds to the Court of First Instance and not to the Commercial Court in matters relating to the leasing of containers for maritime transport, since the general provisions on the lease of goods are applicable.
Judgment of the Supreme Court dated July 4, 2016
Temperature-controlled inland transport: failure to comply with instructions on the temperature of the cargo during transport is a breach of the carrier’s basic duty to examine the goods to ascertain the conditions under which they are to be transported, and the carrier loses the right to limit its liability.
