Amendment of Ley Orgánica del Poder Judicial about Commercial Courts.

The BOE No 180 of 28 July 2022 publishes various amendments to the LOPJ aimed at relieving the burden on the Commercial Courts and the Sections specialising in such matters of the Provincial Courts.

To this end, it is envisaged that the Courts of First Instance will have jurisdiction to hear collective actions provided for in the legislation on general contracting conditions and in the legislation on the defence of consumers and users; and, by way of exception to the jurisdiction recognised by the Commercial Courts in matters of land, sea and air transport, it is established that these will not have jurisdiction to hear matters referred to in the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999). In the same sense, the specialised sections of the Provincial Courts are relieved, by redirecting to the civil sections the knowledge of matters relating to general contracting conditions.

However, the Commercial Courts recover their jurisdiction over insolvency proceedings involving creditors of natural persons who are not commercial entities, which includes the granting of exemption from unsatisfied liabilities.

Finally, it is also noteworthy that Article 45 of Act 1/2000 on Civil Proceedings is also modified in the sense of attributing jurisdiction to the Commercial Courts, by connection, to actions over which they do not have objective jurisdiction, if they have such jurisdiction over the main action.

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