Spain’s accession to the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment. A lot of problems

1. As a result of a ‘reserve’ of ‘competence’ by the EU (Council Decision 2009/370/EC), Spain, like any other Member State, cannot make any declaration concerning the options and scope of the critical art. XI of the Protocol. This means that there are no special rules in the event of insolvency of an airline with its COMI in Spain and that any adjustment to the model of art. XIII must be undertaken directly by yet another direct amendment to the Spanish Insolvency Act.