Papers by Jonatan Echebarria Fernandez
Routledge eBooks, Jan 29, 2021
![Research paper thumbnail of Commentary on the judgment of the Provincial Court of Barcelona of 29 May 2020 [carriage of goods by sea from Ecuador to Spain under a bill of lading] [ES:APB:2020:3847a]](https://attachments.academia-assets.com/113104377/thumbnails/1.jpg)
CUADERNOS DE DERECHO TRANSNACIONAL, Mar 8, 2021
The commentary on the judgment of 29 May 2020 of the Provincial Audience of Barcelona No. 15 on t... more The commentary on the judgment of 29 May 2020 of the Provincial Audience of Barcelona No. 15 on the appeal filed against the Order of 4 June 2019 of the Commercial Court No. 4 of Barcelona provides an analysis of the contradictory doctrine that some Spanish courts have followed regarding the conveyance of the Bill of Lading (B/L), especially regarding the jurisdiction clauses of other European Union (EU) courts, included in this document, in favour of the third party endorsee, who has not been required to sign the document since the Spanish Act on Maritime Navigation (SAMN) 14/2014 of 24 July 2014 was passed. The requirements set out by the European legislator and the doctrines of the Court of Justice of the European Union (CJEU) and some Spanish courts diverge in respect of the grounds of this judgment. While the law applicable to the formal and substantive validity of those agreements is set out by Article 25 of the Brussels I Regulation (recast), the consent by the contracting parties relies on national law. The Spanish Supreme Court has still not rendered any judgment that specifies the efficacy of the jurisdiction agreement over a B/L endorsee in case of cargo claims since the approval of the SAMN. Thus, discrepancies remain in this contentious area.
The implementation of this new policy or strategy of the European institutions, linked to maritim... more The implementation of this new policy or strategy of the European institutions, linked to maritime safety poses specific problems. The final objective is to achieve maximum efficiency in the preventive and punitive struggle against maritime pollution, but such laudable ratio should not create an imbalance between the public and private Law areas which blend and interact. Various regulatory blocks compete with each other, resulting in a legally fragmented sector. It is necessary to make this strategic sector be governed by uniform and harmonized rules, to achieve a balance between the policy objectives at european level, avoid the adoption of new national legislation and coordinate any action at EU and international level.
Routledge eBooks, Jan 29, 2021
Routledge eBooks, Feb 27, 2022
Routledge eBooks, Jan 29, 2021
Revista de derecho del transporte: Terrestre, marítimo, aéreo y multimodal, 2018
The article analyzes from a public perspective (fight against pollution, environmental protection... more The article analyzes from a public perspective (fight against pollution, environmental protection and safety at sea) the interrelated consequences of the global governance through European Union (EU) and international practice, altogether with the EU democratic representation in the decision-making process at international institutions to foster its interests. An assessment of the EU's capacity to effectively become a member to the International Maritime Organization (IMO) due to its weight as a leading global actor is provided. Finally, the future status of the United Kingdom (UK) after leaving the EU on 29 March 2019 raises further questions related to the applicable maritime and environmental safety standards to the UK and the remaining 27 EU Member States.
Routledge eBooks, Jan 29, 2021
CUADERNOS DE DERECHO TRANSNACIONAL, Oct 8, 2020
The commentary on the judgment of 21 November 2019 of the Provincial Audience of Barcelona on the... more The commentary on the judgment of 21 November 2019 of the Provincial Audience of Barcelona on the appeal filed against the Order of 20 February 2019 analyses the need for translating judicial and extrajudicial documents delivered by the judicial authority of a European Union (EU) Member State to an addressee located in another EU Member State. The judgment sets out the views of the Spanish court by analysing relevant case-law of the Court of Justice of the European Union (CJEU) and agreeing with the most recent doctrine of the European court. However, the Spanish court cannot compel a court of another EU Member State to comply with Regulation 1393/2007.
The contracting parties have to balance the legal risks of the affreightment contracts considerin... more The contracting parties have to balance the legal risks of the affreightment contracts considering their legitimate economic interests in a varied contractual framework set up in contract-types such as the charter parties and the Bills of Lading (B/L). The problem comprises the issue of reaching a consensus on how shipping contracts should be interpreted under the contract's freedom. Action Research may offer an improvement for effective negotiations by dialogical means.
Studies in National Governance and Emerging Technologies, 2023
Routledge eBooks, Jan 29, 2021
Routledge eBooks, Jan 29, 2021
![Research paper thumbnail of Commentary on the Judgment of the Provincial Audience of Barcelona of 21 November 2019 [notification of non-translated judicial document]: [ECLI ES: APB: 2019: 9450a]](https://a.academia-assets.com/images/blank-paper.jpg)
Cuadernos de derecho transnacional, 2020
espanolEl comentario a la sentencia de 21 de noviembre de 2019 de la Audiencia Provincial de Barc... more espanolEl comentario a la sentencia de 21 de noviembre de 2019 de la Audiencia Provincial de Barcelona sobre la apelacion presentada contra de la Orden de 20 de febrero de 2019, analiza la necesidad de traducir los documentos judiciales y extrajudiciales enviados por la autoridad judicial de un Estado miembro de la Union Europea (UE) a un destinatario ubicado en otro Estado miembro de la UE. La sentencia expone las opiniones del tribunal espanol analizando la jurisprudencia pertinente del Tribunal de Justicia de la Union Europea (TJUE) y de acuerdo con la doctrina mas reciente del Tribunal europeo. Sin embargo, el tribunal espanol no puede obligar a un tribunal de otro Estado miembro de la UE a cumplir con el Reglamento 1393/2007. EnglishThe commentary on the judgment of 21 November 2019 of the Provincial Audience of Barcelona on the appeal filed against the Order of 20 February 2019 analyses the need for translating judicial and extrajudicial documents delivered by the judicial authority of a European Union (EU) Member State to an addressee located in another EU Member State. The judgment sets out the views of the Spanish court by analysing relevant case-law of the Court of Justice of the European Union (CJEU) and agreeing with the most recent doctrine of the European court. However, the Spanish court cannot compel a court of another EU Member State to comply with Regulation 1393/2007.
CUADERNOS DE DERECHO TRANSNACIONAL, Oct 1, 2019
This comment on the judgment C-25/18 analyses the characterisation of the outstanding amounts pay... more This comment on the judgment C-25/18 analyses the characterisation of the outstanding amounts payable by the owners of an apartment to the manager of the association of owners of the building in concept of maintenance costs of communal areas. The Court of Justice of the European Union identifies the court having jurisdiction according to Article 7(1)(a) (matters related to contract) of the Brussels I Recast Regulation and the applicable law according to Articles 4(1)(b) (provision of services). However, Article 4(1)(c) (rights in rem in immovable property) of the Rome I Regulation is not applicable.
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Papers by Jonatan Echebarria Fernandez