SPAIN Law and Practice Contributed by: José Antonio Domínguez, Mikel Garteiz-Goxeaskoa, Enrique Ortiz and Irantzu Sedano Beitia, Aiyon Abogados SLP
Aiyon Abogados SLP Plaza de Venezuela, 1 Principal, Dcha Dcha
48001 Bilbao Spain
Tel: +34 94 434 02 35 Fax: +34 94 497 82 09 Email: info@aiyon.es Web: www.aiyon.es
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts Spain does not have courts that specialise exclusively and permanently in maritime and shipping matters in the strict sense of a separate maritime judiciary. Mar - itime and shipping disputes have been adjudicated within the ordinary civil judicial system, principally by the Seccion de lo Mercantil de los Tribunales de Instancia (Mercantile Sections), which under Article 87.6 of the Ley Orgánica del Poder Judicial have com - petence over disputes involving maritime law, among other commercial matters (general carriage of goods, corporate, insolvency, etc). On 3 April 2025, Seccion de lo Mercantil replaced the previous Juzgados de lo Mercantil (Mercantile Courts) after the entry into force of the Organic Law 1/2025, of 2 January, on measures to improve the efficiency of the Public Justice Service. Common claims filed before the Mercantile Sections of the Tribunales de Instancia are cargo claims, colli - sions, claims arising from ship construction or repair contracts, contractual disputes, stevedore damages to the ship or the cargo and marine insurance dis - putes. Ship arrest is also a common application dealt with by the Mercantile Sections. Salvage and emergency towing claims, however, may be heard before the Maritime Arbitration Conseil (an
administrative body) if there is an agreement for such between salvors and ship-owners. In the absence of such an agreement and following the Second Addi - tional Disposition of the Spanish Shipping Act 2014 (SSA), the Mercantile Sections would also have juris - diction for salvage and emergency towing claims. It should be noted that, until the Maritime Arbitration Conseil’s Regulation is enacted, the Conseil’s func - tions will be exercised by the Central Maritime Courts (a Navy body). Claims related to labour issues, such as seafarers’ claims related to their employment contract, labour rights, personal injury affecting crew and others, are subject to the jurisdiction of the Labour Sections of the Tribunales de Instancia , according to Article 9.5 of the Ley Orgánica del Poder Judicial . Cases concerning marine sanctioning proceedings derived from breach of maritime regulations (the International Convention for the Safety of Life at Sea (SOLAS), the International Convention for the Preven - tion of Pollution from Ships (MARPOL), etc), port dues and/or against the Spanish Maritime Administration are subject to the Contentious Administrative Sections following Article 9.4 of the Ley Orgánica del Poder Judicial . 1.2 Port State Control Royal Decree 1737/2010 approves the Regulation that establishes the inspections of foreign vessels in Spanish ports. These inspections are carried out to ensure compliance with international and European Conventions and Regulations for the safety of life at
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