Aviation, Augusta Abogados updates

Spain

Contributed by Augusta Abogados
The new normal? COVID-19 legislation: travel restrictions
  • Spain
  • 27 January 2021

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.

The new normal? COVID-19 legislation: safety measures
  • Spain
  • 20 January 2021

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.

The new normal? COVID-19 legislation: subsidies, consumer protection and air transport
  • Spain
  • 13 January 2021

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.

Update on abusive clauses in passenger contracts
  • Spain
  • 18 November 2020

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.

Burden of proof in consumer claims
  • Spain
  • 11 November 2020

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.


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