SPAIN Law and Practice Contributed by: Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Mikel Garteiz-goxeaskoa, Aiyon Abogados
time risks in civil matters by the SSA. The SSA considers that any clause in a compulsory marine insurance contract that restricts a third party’s (the victim’s) right to direct action is null and void. The question to be decided is whether this provision extends to P&I clubs, which are regularly subject to the “pay to be paid” rule and establish the application of English law in their rules.
At present, there are no definitive and clear prec - edents under the SSA. However, there are some judgments that, in obiter dicta, suggest that P&I clubs may be subject to a direct action (eg, a judgment issued by Mercantile Court No 3 of Vigo dated 16 January 2018) and some others that have accepted the direct action by applica - tion of the principles of the SSA (Judgment of the Labour Court No 10 of Bilbao dated 16 Sep - tember 2016 and confirmed by the judgment of the Labour Section of the High Court of Justice of the Basque Country dated 27 June 2017), but the issue has yet to be judicially settled.
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