SPAIN Trends and Developments Contributed by: Alfonso López-Ibor, Pablo Henriquez de Luna and Pedro Echeguren, Lopez-Ibor DPM
ing to consumer protection legislation) would be invalid and unenforceable. Lastly, at the internal level, according to the OLJ, its provisions on the jurisdiction of Span- ish courts are mandatory, and any clause waiv- ing or in any way altering them must be deemed invalid. For example, as explained above, a flight between France and Turkey operated by a Turk- ish airline boarded by a Spanish passenger living in Madrid would be subject to the EU Regulation (since the point of departure is a member state), but not to Brussels I Recast (since the airline belonged to a third country).
Thus, from the viewpoint of the Spanish legal system, the determination of the jurisdiction would be examined in the light of the OJL, and, pursuant to this norm, Spanish courts would be internationally competent to settle a dispute aris- ing from a delay or cancellation, since it would be the country of the passenger’s residence. As a result, any clause of submission exclud- ing the possibility for the consumer to litigate in Spain against the airline would be invalid.
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