SPAIN Law and Practice Contributed by: José Antonio Domínguez, Mikel Garteiz-Goxeaskoa, Enrique Ortiz and Irantzu Sedano Beitia, Aiyon Abogados SLP
Spain has not exercised the option to increase the limits of liability in the case of death or personal injury. Liability of the carrier for the loss of or damage to cabin luggage is limited to 2,250 SDR per passenger, per carriage. Liability of the carrier for the loss of or damage to vehicles, including all luggage carried in or on the vehicle, is limited to 12,700 SDR per vehicle, per carriage. For other types of luggage, liability shall not exceed 3,375 SDR per passenger, per carriage. A deductible amount not exceeding 330 SDR for a vehicle and 149 SDR for other luggage may be agreed between the carrier and the passenger. The limits of liability may be increased by agreement between the carrier and the passenger. Maritime Lien or Maritime Claim Spain has ratified the International Convention for the Unification of Certain Rules relating to Maritime Liens and Mortgages (dated 6 May 1993), Article 4.1.(b) of which establishes that claims in respect of loss of life or personal injury occurring in direct connection with the operation of the vessel shall be secured by a maritime lien on the vessel. This provision includes all personal injury or loss of life claims arising from the Athens Convention. However, a claim either in tort or contract for loss or damage to passengers’ effects is not recognised as a maritime claim. Both claims for loss of life or personal injury and claims for loss or damage to passengers’ effects would be considered maritime claims following Article 1.1, Sec - tions (b) and (h) of the Arrest Convention. 7. Enforcement of Law and Jurisdiction and Arbitration Clauses 7.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading Validity of Jurisdiction Clauses Stated in Bills of Lading Subject to the provisions of international conventions in force in Spain and European regulations, which pre - vail over Spanish domestic law, the SSA establishes that jurisdiction clauses in bills of lading – whether to
a foreign jurisdiction or foreign arbitration – are con - sidered null and void unless they are negotiated sepa - rately and individually. Furthermore, even in cases where the shipper named in the bill of lading may have negotiated a clause sub - mitting any dispute to a foreign jurisdiction or inter - national arbitration separately and individually with the carrier, Article 251 of the SSA establishes that the conveyance of the bill of lading to the consignee implies the conveyance of all the rights and actions of the shipper, except for any arbitration or jurisdiction agreement, which requires the express and written consent of the transferee or holder of the bill of lading. Exceptions to the above are those submission clauses that refer any dispute under a bill of lading to the juris - diction of a court of a member state of the European Union. Such clauses are considered valid between the parties to the contract of carriage, shipper/consignee and carrier, even if not separately and individually negotiated, based on Article 25 of Regulation (EU) No 1215/2012, of 12 December 2012, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. An ECJ judgment dated 25 April 2024 (in the cases C-345/22 to C-347/22) confirmed that jurisdiction clauses in bills of lading are enforceable under EU law if they are validly agreed by the shipper and the carrier. The validity of these clauses is governed by the law of the member state whose courts are designated in the clause. For a jurisdiction clause to be enforceable against a third party, such as the consignee, the latter must have subrogated in all rights and obligations of the shipper under the contract of carriage. The deter - mination of whether such subrogation occurs must be judged by the national law applicable to the contract, as determined by private international law. Further - more, the ECJ has established that Spanish courts must disregard Articles 468 and 251 of the SSA when they are in conflict with Article 25 of Brussels I bis. In accordance with the above findings, the Court of Appeals of Pontevedra, which had to apply Spanish law to determine the effects of the conveyance of the bill of lading to a consignee, conceded in its judgment dated 16 September 2024 that Article 25 of Brussels I
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