SPAIN Law and Practice Contributed by: Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Mikel Garteiz-goxeaskoa, Aiyon Abogados
respect to their employment on the vessel, including repatriation costs and social insur - ance contributions payable on their behalf; • claims with respect to loss of life or personal injury, whether occurring on land or water, in direct connection with the operation of the vessel (with the exception of Article 4.2(a) and Article 4.2(b)); • claims for reward for the salvage of the ves - sel; • claims for port, canal and other waterway dues and pilot dues; and • claims based on tort arising out of physical loss or damage caused by the operation of the vessel, other than loss of or damage to cargo, containers and passengers’ effects carried on the vessel (with the exception of Article 4.2(a) and Article 4.2(b)). Following Article 124 of the SSA, any other pos - sible liens (outside the Lien Convention) rec - ognised under domestic law, EU Regulations or any other international treaty applicable in Spain would have lower rank than mortgages and other registered charges. The Spanish government is currently consider - ing amending the SSA to include claims related to ships’ supplies and to ships’ repairs, done in Spanish ports, as maritime liens. According to Article 4.1 of the Lien Convention, Spain will recognise a maritime lien for indemni - ties for injuries to crew members. Spain differentiates between maritime liens and maritime claims. Maritime claims are all those claims, listed in Article 1(1) of the 1999 Arrest Convention, that enable a claimant to arrest a ship. This not only
includes the maritime liens of the Lien Conven - tion but also other claims. A maritime lien is a claim that “follows” the ves - sel. Liens are considered “actions in rem”, and therefore they enable the arrest of a ship and/or the enforcement of a claim on the ship, regard - less of any potential change of ownership/reg - ister number or flag. A vessel can be arrested in Spain by alleging before Spanish courts any of the following mari - time claims listed in Article 1 of the 1999 Arrest Convention: • loss or damage caused by the operation of the ship; • loss of life or personal injury occurring, whether on land or on water, in direct connec - tion with the operation of the ship; • salvage operations or any salvage agreement, including, if applicable, special compensation relating to salvage operations in respect of a ship which by itself or its cargo threatened damage to the environment; • damage or threat of damage caused by the ship to the environment, coastline or related interests, measures taken to prevent, mini - mise, or remove such damage, compensa - tion for such damage, costs of reasonable measures of reinstatement of the environment actually undertaken or to be undertaken, loss incurred or likely to be incurred by third parties in connection with such damage, and damage, costs, or loss of a similar nature to those identified in this sub-paragraph; • costs or expenses relating to the raising, removal, recovery, destruction or the ren - dering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board that ship, and costs or expenses relating to the
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