News
In this section, we provide relevant news for the maritime transportation sector, as well as for the legal world in general.
Enforceability of jurisdiction clauses in bills of lading against third parties
April 2024
The Court of Justice of the European Union sets out its position on Article 251 of the Spanish Maritime Navigation Act in relation to the Regulation governing jurisdiction within the EU. The judgment handed down on 24 April 2024, responding to the questions posed by the Provincial Court of Pontevedra, states that:
(a) Article 251 of the Maritime Navigation Act is contrary to Article 25 of UE Regulation 1215/2012;
- b) The jurisdiction clause of a bill of lading is enforceable against the third party holding that bill of lading, provided that the third party acquiring the bill of lading is subrogated to all the rights and obligations of one of the original parties to the bill of lading;
- c) The analysis of the question of whether or not such subrogation has taken place must be carried out in accordance with the law applicable to the merits of the case, which must be determined in accordance with the conflict rules of the Member State where the jurisdiction clause is being invoked.
We will have to wait to see the interpretation given by our Courts to this judgment in proceedings commenced in Spain by third parties or against third parties who are not party to the bill of lading, or where the contract has been documented in a Sea Waybill, the characteristics and transmission regime of which differ from the bill of lading.
DIKEI enters the maritime business in collaboration with Goñi & Co Abogados - Dikei Lawyers.
June 2023
Dikei announces its merger with Goñi & Co Abogados, a leading law firm in Maritime Law, with the aim of establishing itself as a prominent firm in the transportation sector.
Training on recreational boat insurance
May 2023
Continuing with our lawyers’ commitment to education, on May 17th, a seminar on recreational boat insurance was held at the ICAM Study Center. The session was directed by Carmen Codes and featured the participation of Martín Prieto. They discussed mandatory insurance and other coverage options available in the market for the boating sector. The program also included contributions from Marta Rodríguez Juez (REALE SEGUROS), who provided an overview of claims from the perspective of insurance companies; Laura Páez (SEDGWICK IBERIA), who shared her experiences as an expert appraiser in assessing material damages; and María Hidalgo (CEGA-MAGAN), who discussed the evaluation of personal injuries, including non-pecuniary damages, which are particularly relevant in this type of insurance.
Course on Legal and Practical Aspects of International Freight Transportation
April 2023
Between April 25th and 28th, 2023, a course on “Legal and Practical Aspects of International Freight Transportation” was held at the Study Center of the Bar Association of Madrid. Directed by Carmen Codes, the course provided a comprehensive view of freight transportation over four days, with a practical approach for all parties involved in the transportation chain (importers, exporters, freight forwarders, shipping agencies, carriers, etc.). Esteemed speakers, such as Manuel Fernández Rodríguez (MathHer Management Risk), Martín Prieto Sulleiro (Goñi & Co.), María Hidalgo Parga (CEGA-MAGAN), and Cristina del Río Espada (St. Clement Risk Management and Recovery Services), discussed the applicable regulations for each mode of transportation, transportation documentation, different types of cargo and their logistical needs, carrier liability with its limitations, and transportation insuranc
The Royal Decree 186/2023, of March 21st, approving the Regulation on Maritime Navigation Management, has been published.
March 2023
After its approval in the Council of Ministers, the Official State Gazette (BOE) has published on March 22nd, 2023, the Royal Decree approving the Regulation on Maritime Navigation Management.
The main objective of the Regulation is to improve maritime safety, protect the marine environment, and simplify bureaucracy through the use of electronic instruments and applications.
Among the main innovations, there is the establishment of a simplified clearance regime based on the mechanism of self-declaration, which the Regulation provides for certain cases.
Furthermore, the Order of December 4th, 1985, on the rental of recreational vessels is repealed, and the Royal Decree 685/2010, which regulates Temporary Navigation Permits, is modified.
With this regulation, it is expected to make significant progress in streamlining administrative procedures in maritime captaincies and achieve greater competitiveness in the nautical sector within the European framework.
The Royal Decree will enter into force 20 days after its publication in the BOE, with the exception of Chapters II, III, and IV, which will have a deadline for their entry into force until July 1st, 2024.
New regulation on the transportation of live animals
November 2022
On November 30, 2022, Royal Decree 990/2022 of November 29 was published, regarding health and animal protection standards during transportation. The new requirements imposed in this type of transportation affect carriers, ports, airports, and other stakeholders involved in the transportation of live animals.
"Studies in Maritime Law: A Book in Tribute to the Memory of José Luis Goñi Etchevers"
“October 2022
On October 17, 2022, the book ‘Studies in Maritime Law: A Book in Tribute to the Memory of José Luis Goñi Etchevers’ was presented at the Illustrious Bar Association of Madrid. The book was edited by the Ibero-American Institute of Maritime Law. The presentation of the book took place during an emotional event honoring our founding partner, with the presence of the President of the Ibero-American Institute of Maritime Law, Mr. Omar Barrios from Guatemala, the former President, Ms. Katerina Vuskovic from Peru, and the book’s editor, Mr. José Vicente Guzmán, a member of the Ibero-American Institute of Maritime Law from Colombia. To acquire the book, you can contact goni@goni-abogados.com or visit the following link:
125 años del Comité Marítimo Internacional
Octubre 2022
Entre los días 18 y 21 de octubre de 2022 la ciudad belga de Amberes acogió la Conferencia del Comité Marítimo Internacional para conmemorar su 125 aniversario en el lugar que le vio nacer. Con un interesantísimo programa académico y reuniones de los diversos grupos de trabajo, el día 21 de octubre la Asamblea General eligió por aclamación a la abogada Ann Fennech, de Malta, como Presidenta del CMI. Es la primera vez que una mujer ocupa un cargo similar en la institución. Nuestra socia Carmen Codes asistió a la conferencia acompañando a la delegación española.
"Maritime Insurance in Times of War"
On May 17, 2022, a webinar organized by the Spanish Maritime Institute took place, where our partner Martín Prieto spoke about a highly relevant topic, which is the influence of the war in Ukraine on maritime insurance. You can find all the information in the following link.
Madrid will have a specialized Mercantile Court in air transport.
As of November 1, 2021, Madrid will have a Mercantile Court dedicated to matters related to air transport, with exclusive jurisdiction but not excluding other courts, according to the Agreement of October 14, 2021, of the Permanent Commission of the General Council of the Judiciary. This will be known as Mercantile Court No. 18, and a dedicated functional unit for processing has been assigned to it.
National Congress of AEDM
December 2020
On December 2, 2020, the Spanish Maritime Law Association held its annual congress, despite the restrictions imposed by COVID-19. However, the congress was able to take place both in person and virtually, thanks to the measures in place.
The congress addressed highly relevant topics, such as sector reforms proposed by the Ministry of Public Works, the implementation of Incoterms 2020, the promotion of Maritime Arbitration as an alternative method of dispute resolution, and climate change. Of course, a reference to COVID-19 was also included among the subjects of interest.
Our partner, Martín Prieto, participated as a speaker in the module dedicated to the “Impact of COVID-19 on the maritime sector,” alongside Diego San Simón, Sofía Rodríguez, and Jaime Albors.
Webinar: "Covid-19 and Maritime Insurance: Impact and Perspectives"
May 2020
Martin Prieto delivered this webinar organized by the INTERNATIONAL MARITIME BUSINESS SCHOOL (IMBS).
The lawyers who shine the most in 2013
October 2013
The newspaper Expansión includes José Luis Goñi in its list of “the best lawyers of the year.”
