Maritime Administrative and Contentious-Administrative Proceedings of Port Detention in Spain
The Maritime Administrative and Contentious Proceedings that arise from the ship detention, have to be followed by Spanish maritime lawyers with the enough representation of their principals.
This means is always necessary a power of representation deed duly apostilled (according with the Haya Convention 1961). Otherwise, the client will not be taken as a counterpart in the ex officio procedings instructed by the Maritime Administration.
Maritime Administrative Proceedings of Port Detention
Basically, the Maritime administrative Law that Port Authorities and Harbour Master’s Offices apply to a ship detention is the PSMMA/2011.
However, all files have to accomplish with the new Common Administrative Procedural Act, 2015 (CAPA/2015), which entered in force in October 2016. This Act determine the rules of the Sanction Proceeding and generla rules to apply in the instruction and resolution of any Administrative file.
Even more, many of them finalize in the Ministry of Foment (appeal for review of the decision).
Contentious-Adminsitrative Proceeding in Spain
On the other hand, Contentious-Administrative Justice (Local Courts and High Courts of Justice of Autonomic Regions of Spain) have their own specific Procedural Law. They revise the administrative resolutions via the appropriate contentious-administrative resource (first instance, appeal and so on).
The Act 29/1998, of 13 July, regulating the Contentious-Administrative Jurisdiction, is the main law. But the background of the case will always have a maritime side that will require technical knowledge in this matter. In particular, port detention of ship require to understand many concepts related to the national and international maritime law .
GMM Law Firm have expert Lawyers and Surveyor that assist the clients from the very begining in all ports and Courts of Spain. In summary, the spent money will be always a good invest.
Ask us now for an estimate!
Send us a draft with the facts. Tell us the claimend ammount, nature of the problem, vessel flag and port of detention. We will respond you as fast as possible with our option of the arrest and better fees