Shipping 2025

SPAIN Law and Practice Contributed by: Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Mikel Garteiz-goxeaskoa, Aiyon Abogados

1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts Spain does not have exclusive courts special - ised in maritime and shipping matters. However, within the Spanish civil jurisdic - tion there are two types of courts at present. These are First Instance Courts and Mercantile Courts. All maritime and shipping matters are to be adjudged by the Mercantile Courts. In line with Article 86 bis.1 of the Organic Law of the Judiciary, Mercantile Courts have exclusive competence over those claims related to the application of maritime law and other mercantile matters (including corporate law, insolvency law, carriage in general, etc). On 2 January 2025, Spain enacted Organic Law No 1 of 2025 regarding Measures to Improve the Efficiency of the Public Justice Service which is not yet in force. One of the main changes introduced by Organic Law No 1 of 2025 will essentially be that the Mercantile Courts will be dissolved, and Mercantile Divisions will be established in their place. They will have jurisdic - tion to adjudicate cases involving the application of the Maritime Law. This change is expected to come into effect on 31 December 2025. Common claims filed before the Mercantile Courts are: • cargo claims; • collisions; • claims arising from ship construction or repair contracts; • contractual disputes;

• stevedore damages to the ship or the cargo; and • marine insurance disputes. Ship arrest is another common application dealt with by the Mercantile Courts. However, salvage and emergency towing claims, may be heard before the Maritime Arbitration Conseil (an administrative body) if salvors and ship-owners agree to that. In the absence of such an agreement and following the Second Additional Disposition of the Spanish Shipping Act 2014 (the “SSA”), Mercantile Courts would also have jurisdiction to hear salvage and emer - gency towing claims. Until the Maritime Arbitra - tion Conseil’s Regulation is enacted, the Con - seil’s functions will be exercised by the Central Maritime Courts (an army body). Claims related to labour issues, such as sea - farers’ claims related to their employment con - tract, labour rights and personal injury affecting crew and others, are subject to the jurisdiction of the labour courts according to Article 9.5 of the Organic Law of the Judiciary. Cases concerning marine sanctioning proceed - ings derived from breach of maritime regulations (the International Convention for the Safety of Life at Sea (SOLAS), the International Conven - tion for the Prevention of Pollution from Ships (MARPOL), etc), port dues and/or against the Spanish Maritime Administration are heard by the Contentious Administrative Courts in line with Article 9.4 of the Organic Law of the Judici - ary. 1.2 Port State Control Royal Decree No 1737 of 2010, approves the Regulation that establishes the inspections of foreign vessels in Spanish ports. These inspec -

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