Spain, Augusta Abogados updates

Aviation

Contributed by Augusta Abogados
New UAS regulation set to be approved
  • Spain
  • 28 April 2021

Since EU Regulation (2019/947/EU) took effect at the end of 2020, air operations with unmanned aircraft systems (UAS) have been governed by EU legislation. The EU legal framework leaves member states with a certain level of flexibility to regulate matters outside the scope of the regulation, including the definition of UAS geographical zones. In Spain, the approval and entry into force of a project of royal decree is expected in 2021 to define the applicable requirements of such zones.

The new normal? COVID-19 legislation: travel restrictions
  • Spain
  • 27 January 2021

Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. A complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers. This article looks at the various travel restrictions which have been introduced in Spain to help combat the spread of COVID-19.

The new normal? COVID-19 legislation: safety measures
  • Spain
  • 20 January 2021

Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. A complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers. This article looks at the various safety measures which have been introduced in Spain with regard to air travel.

The new normal? COVID-19 legislation: subsidies, consumer protection and air transport
  • Spain
  • 13 January 2021

Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. As a result, a complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers.

Update on abusive clauses in passenger contracts
  • Spain
  • 18 November 2020

In 2019 Gijón Commercial Court No 3 ruled in a case dealing with some of Volotea's transport terms and conditions. The Association of Financial Users, a consumer protection association that filed the initial claim, disagreed with some of the judgment's points and lodged an appeal. The Provincial Audience of Asturias recently gave its judgment in appeal; while it confirmed some of the first-instance court's decisions, it overruled others. This article focuses on the most controversial decisions.


Insolvency & Restructuring

Contributed by Augusta Abogados
Composition of active mass: practical guidance on inventory of good and rights
  • Spain
  • 21 May 2021

Under Article 198 et seq of the Consolidated Text of the Bankruptcy Law, the bankruptcy administration must prepare an inventory of the insolvent party's assets and rights, including their value, by the end of the day immediately preceding the day on which it presents its report. This article provides practical guidance on the inventory of goods and rights, including with respect to expert advice, abbreviated procedures and the presentation and publicity of the inventory.

Composition of active mass: valuation of goods and rights
  • Spain
  • 14 May 2021

Under the Consolidated Text of the Bankruptcy Law, the bankruptcy administration must prepare an inventory of an insolvent party's assets and rights, including their value, by the end of the day immediately preceding the day on which it presents its report. This article discusses the valuation of goods and rights included in the inventory.

Composition of active mass: description of goods and rights
  • Spain
  • 07 May 2021

Under Article 198 et seq of the Consolidated Text of the Bankruptcy Law, the bankruptcy administration must prepare an inventory of the insolvent party's assets and rights, including their value, by the end of the day immediately preceding the day on which it presents its report. This article discusses the inclusion of certain goods and rights in the inventory.

Composition of active mass: inventory of goods and rights – special cases
  • Spain
  • 30 April 2021

Under the Consolidated Text of the Bankruptcy Law, the bankruptcy administration must prepare an inventory of the insolvent party's assets and rights, including their value, by the end of the day immediately preceding the day on which it presents its report. This article examines special cases regarding the composition of the inventory of goods and rights.

Composition of active mass: inventory of goods and rights
  • Spain
  • 23 April 2021

The Consolidated Text of the Bankruptcy Law introduces the concept of the 'active mass' of a bankruptcy, which constitutes all of the assets and rights integrated into the bankrupt's assets on the date of the declaration of bankruptcy, as well as those that are reintegrated to the bankrupt or acquired before the conclusion of the bankruptcy proceedings. This article examines the inventory of goods and rights included in the active mass, which must be prepared by the bankruptcy administration.


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