AUGUSTA ABOGADOS is a professional law firm specialised in commercial law, tax, restructuring of companies, labour law, air and space law and procedural law, amongst others, with the aim to create an innovative project, able to attract high-standard professionals. It currently brings together a set of partners, namely: Jaime Fernández, Juan José Hita, Carlos Valls, Alicia Herrador, Sergi Giménez, Juan José Terraza and María José Sánchez, all of whom are renowned for their remarkable reputation and broad experience. The partners at AUGUSTA ABOGADOS have gathered a high performance, close-knit team of professionals that covers the main areas of corporate law.Show more
Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. A complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers. This article looks at the various travel restrictions which have been introduced in Spain to help combat the spread of COVID-19.
Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. A complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers. This article looks at the various safety measures which have been introduced in Spain with regard to air travel.
Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. As a result, a complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers.
In 2019 Gijón Commercial Court No 3 ruled in a case dealing with some of Volotea's transport terms and conditions. The Association of Financial Users, a consumer protection association that filed the initial claim, disagreed with some of the judgment's points and lodged an appeal. The Provincial Audience of Asturias recently gave its judgment in appeal; while it confirmed some of the first-instance court's decisions, it overruled others. This article focuses on the most controversial decisions.
The European Court of Justice (ECJ) recently ruled on a request for a preliminary ruling from Barcelona Commercial Court 9. The case concerned the interpretation of Articles 17(2) and 22(1) of the Montreal Convention. In line with the Montreal Convention, the ECJ established the principle that the courts should fix the amount of compensation, depending on the damages effectively suffered by the passenger, subject to a limit of 1,131 special drawing rights.
COVID-19: non-application of reimbursement obligations under EU Flight Delay Compensation RegulationEuropean Union | 15 July 2020
The spread of COVID-19 has had a significant impact on air traffic. The result of this once-in-a-century pandemic has been the global collapse of air travel. This has obviously led to a large number of complaints from affected passengers. This article looks at non-application of reimbursement and compensation claims under the EU Flight Delay Compensation Regulation in this context.
The EU unmanned aircraft system (UAS) industry will face a new challenge as of 31 December 2020 when most of the EU Implementing Regulation on the rules and procedures for the operation of unmanned aircraft enters into force. The new regulation will replace most of the existing domestic provisions on UAS operations in EU member states. This will see the homogenisation of UAS-related legislation, reducing the variety of operational requirements, obligations and restrictions between EU member states.
The Spanish authorities have issued a number of measures to remedy the impact of COVID-19 on the Spanish aviation industry. This article focuses on a specific topic especially relevant in the current circumstances – namely, the provisions and regulations that the Spanish authorities have recently approved in relation to flight cancellations and ticket refunds.
On 8 January 2019 Commercial Court No 3 of Gijón resolved a collective cessation action brought by the Association of Financial Users, a non-profit entity, against the Spanish airline Volotea relating to some of its transport terms and conditions. Although the court was asked to give its opinion on a number of Volotea's terms and conditions, this article focuses on the most significant issues discussed in this judgment.
The rapid spread of COVID-19 throughout the world has forced many governments to issue emergency legislation, generally in a hurry and as a reaction to a continuously changing scenario. Spain is among the countries which have been hit particularly hard. This article provides a summary of the main pieces of Spanish legislation that affect the aviation industry.
The Spanish government recently decided that it was time to update its internal regulations regarding the issuance, maintenance, suspension and cancellation of air operators' licences in order to bring them into line with current trends. In doing so, the government issued a new order which contains novelties that merit highlighting.
New limits of liability under the Montreal Convention 1999 recently came into force following the International Civil Aviation Organisation's review procedure under Article 24 of the convention. Airlines should update their general conditions on carriage, information for passengers and insurance policies, when needed, so that they reflect the revised limits of liability.
The Supreme Court (Civil Chamber) recently issued its judgment following cassation proceedings against a 2015 Madrid Provincial Audience judgment. The proceedings stemmed from a 2011 collective action against Iberia, which the Spanish Consumers and Users Organisation had filed with the Madrid Commercial Court in order to obtain the annulment of several clauses of Iberia's standard terms and conditions.
Insolvency & Restructuring
Due to the continuation of the COVID-19 pandemic, the government has approved Royal Decree-Law 34/2020 on urgent measures to support business solvency and the energy sector in tax matters (RDL 34/2020). RDL 34/2020 affects the solvency support available to companies and introduces new, urgent measures in the finance and insolvency sectors. This article summarises these measures.