Aviation, Spain updates

The new normal? COVID-19 legislation: subsidies, consumer protection and air transport
Augusta Abogados
  • 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
Augusta Abogados
  • 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
Augusta Abogados
  • 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.

New regulation on right to refund for cancelled tickets
Augusta Abogados
  • Spain
  • 20 May 2020

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.

Court examines alleged abusive clauses in airline terms and conditions
Augusta Abogados
  • Spain
  • 29 April 2020

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.

Impact of COVID-19 crisis on Spanish aviation industry
Augusta Abogados
  • Spain
  • 22 April 2020

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.

New ministerial order on issuance and maintenance of air operators' licences
Augusta Abogados
  • Spain
  • 04 March 2020

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.

Supreme Court orders Iberia to cease using abusive terms and conditions
Augusta Abogados
  • Spain
  • 19 December 2018

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.

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