Post by account_disabled on Feb 25, 2024 0:34:58 GMT -5
At the administrative level it is clear that “ the alert itself has generated certain damage because there were businesses that were closed and some sports competitions suspended, including an Atlético de Madrid-Sevilla First Division match. "Damage has occurred to individuals and companies as a result of the alert we received."
Regarding whether these damages caused by an administrative authority can be claimed , “they could be compensated in theory. Now they really don't have much mileage. And the jurisprudence offered by our courts on the financial responsibility of the Administration is a restrictive jurisprudence.”
For Dorrego, “the courts' own jurisprudence emphasizes Fax Lists that companies and people who suffer these damages have a legal duty to endure these administrative actions, which excludes compensation for the damages that have occurred. Only in cases where the alert had been used irregularly would there be a right to that compensation .”
Miguel Ángel Ruiz , president of the Spanish Consumer Association (ASESCON), recalls that since it is an extraordinary meteorological condition, it exempts transport, railway or air companies from compensation . The only thing they have to do is return the amount of the ticket or relocate the passengers to other alternative transportation.”
It also explains the complaints received in your association. “ There are problems in rail transport due to the lack of information because the users themselves were not adequately served. The law states that this mechanism is put into operation five hours after the delay that is suffered.”
Ruiz confirms that transport companies are working with certain speed to help users who have been involved in DANA "we know that there are trains that are being canceled in an organized manner, but the problem is the lack of information on this type of issues ”.
Regarding whether these damages caused by an administrative authority can be claimed , “they could be compensated in theory. Now they really don't have much mileage. And the jurisprudence offered by our courts on the financial responsibility of the Administration is a restrictive jurisprudence.”
For Dorrego, “the courts' own jurisprudence emphasizes Fax Lists that companies and people who suffer these damages have a legal duty to endure these administrative actions, which excludes compensation for the damages that have occurred. Only in cases where the alert had been used irregularly would there be a right to that compensation .”
Miguel Ángel Ruiz , president of the Spanish Consumer Association (ASESCON), recalls that since it is an extraordinary meteorological condition, it exempts transport, railway or air companies from compensation . The only thing they have to do is return the amount of the ticket or relocate the passengers to other alternative transportation.”
It also explains the complaints received in your association. “ There are problems in rail transport due to the lack of information because the users themselves were not adequately served. The law states that this mechanism is put into operation five hours after the delay that is suffered.”
Ruiz confirms that transport companies are working with certain speed to help users who have been involved in DANA "we know that there are trains that are being canceled in an organized manner, but the problem is the lack of information on this type of issues ”.
