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The chaos air collapses the courts of Barcelona with 10,000 demands

The demands by the delays of flights , the cancellations , loss of baggage and other incidents related to the air sector are collapsing the courts business of Barcelona, where currently are handled around 10,000 complaints from passengers. The increase of the litigation in the last few years is brutal.

In 2016, there were almost 3000 complaints and a year later the figure climbed to 5,000, says Joseph Candle , advocate for administration of justice of the commercial court 6 of Barcelona. Now, after a new summer moved on El Prat , has grown to duplicate.

Of the 3,000 claims 2016 is passed to the 5,000 by 2017 and 10,000 this year

Candle, which acts as a coordinator among the former clerks of court, remember that the luggage –as it is referred in the Ciutat de la Justícia (justice to the cases that have to do with lawsuits to airlines– have buried the courts, but they are not the only issues that lead. “If you add the contests of creditors, disputes between partners or the liability of administrators, litigation of patents and trademarks and others, we arrive at the 18,000 procedures.”

in this situation, the judges and lawyers mercantile have searched for solutions and few weeks ago adopted a protocol in relation to air transport to facilitate amicable settlements, to resolve much more quickly to the issues, save costs to the administration of justice and to the parties and, finally, unclog the courts. The protocol, which has been signed by Ryanair and Vueling –in which approximately 75% of the demands presented in Barcelona–, is relatively simple.

last July was created the commercial court 11, but was removed three courts of reinforcement

The court will send a stagecoach to the airlines for that before admitting to process any claim, the pick up in the five-day period, to consider and, if thought appropriate, try to reach an agreement with the client in fifteen days, and pay you accordingly. If there is agreement, the client shall inform the court and desist from the demand that will be admitted then filed, and a copy will be filed in the same act. In the event that the airline deems that it is not appropriate to negotiate, does not reach a agreement or don't say anything, demand will continue its course.

Raúl García Eared, judge of the commercial court 7 of Barcelona, believes that the protocol will be useful for everyone, especially for consumers, but it will not solve the underlying problem: the saturation of the courts commercial. “The developments in recent years is very clear and what is expected is that the number of lawsuits continue to increase, with the added bonus that, if arbitramos a procedure that works very well, as we hope, there will be more adversely affected than will come here.” Is the effect called that is derived from doing things well.

The law allows you to submit claims at the domicile of the customer, the carrier, or also in the that corresponds to the city to the scale on the connecting flights. And Vueling, the first airline of The Prat, has his headquarters next to the airport of barcelona. “Now, there are not only claims for incidents in Barcelona, but for the other airports of Spain”, adds García Bat, which says that the idea is that each carrier is carried each week to a maximum of 50 claims for each of the eleven courts.

The rise of cases this year has coincided, moreover, with a trim of effective in the courts. In the month of July, was created by the commercial court 11 of Barcelona, whose owner is Amagoia Serrano. In less than six months, you have already been assigned some 3,000 matters, of which around 2,500 are suitcases. The problem is that the addition of a court was, at the same time, the suppression of the three courts of reinforcing existing up to that time. That is to say, there is more work and less means to carry it out.

The Commercial Court of Barcelona, which groups together the eleven judges of trade of the province, has asked the Room of Government of the Court Superior of Justice of Catalonia reinforcement. The request was endorsed by the colleges of lawyers, economists, and attorneys. In the event that you are give the go-ahead in the TSJC, the proposed reinforcement will go to the General Council of the Judicial Power and, hence, to the Ministry of Justice. “We are optimistic because the claim is a just –say– judges, but we'll see.”

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