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Alternative dispute resolution Procedure (ADR)
On 2nd June 2023, the new alternative dispute resolution procedure (“ADR”), as per Order TMA 201/2022¹, concerning passenger (“PAXs”) complaints arising from EC Regulation 261/2004 and EC Regulation 1107/2006² came into force. For this purpose, the Spanish Aviation...
Transposition of Directive (EU) 2020/1828 in the Spanish legal system: impact on passengers’ rights in the field of air transport
The incorporation of Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers¹, carried out through the Bill on representative actions for the protection of the collective interests of consumers (hereinafter, the...
Alternative dispute resolution procedure in the field of air transport: questions about its configuration and constitutionality
This newsletter examines some of the questions raised by the new ADR of the Spanish Aviation Safety and Security Agency (AESA). It will briefly outline its scope of application and analyse the suitability and feasibility of this new ADR mechanism in our legal system....
New Statues of ENAIRE and AESA
On 7th March 2023, the Council of Ministers approved the Statute of the public business entity Enaire and the modification of the Statute of the Spanish Aviation Safety Agency (AESA) through Royal Decree 160/2023¹.This note will summarize these regulatory changes. Let...
The incompressible position of the Spanish Government regarding the use of masks on board
Spain is the only country in the European Union that continues to require the use of a mask during flights that take off or land in our country. Our government´s position is incomprehensible and delays the recovery of our industry. It is important to remember that,...
Taking a look into the toll-free telephone numbers for customer service: can them be restricted so that only the passengers can use them?
The transposition of the modification of the European regulations regarding the assistance to passengers has raised doubts in our country. On this note we discuss how airlines should provide their telephone customer service. On 25th November 2011 Directive 2011/83/EU...
The readjustment of the competences of the Commercial Courts and its impact on airlines
The entry into force of the Act 7/2002, of 27th July, amending the Act 6/1985, of 1st July, of the Judicial Power changes the competence of the Commercial Courts establishing that the First Instance Court will now deal with passenger claims. This article will discuss...
Introducing Pionairlaw´s website
As a result of the effort and work of several weeks, this page has finally seen the light of day. We have worked very hard to make it useful for our clients. It is a digital reflection of our daily work, summarized in our claim or “surname”: New legal routes for...