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NederlandsSpain: Fenadismer opens a reporting channel against shippers who skip the price review when diesel rises
The Spanish federation has set up a confidential channel for hauliers to report shippers who refuse to apply the mandatory transport-price review when diesel goes up — a duty under Royal Decree-Law 9/2026, which voided any contract clause saying otherwise. Fenadismer says diesel has risen 44% for heavy vehicles in eight months without that review reaching the invoice.
Fenadismer (Spain’s national federation of road haulage associations) has opened a confidential channel for Spanish hauliers to report shippers who refuse to pass the rise in diesel prices through to the transport price — a legal duty, not a commercial courtesy.
The duty: Article 38 of Law 15/2009
Royal Decree-Law 9/2026, of 14 April, on urgent transport measures, strengthened Article 38 of Law 15/2009, on the road freight transport contract: the price review for fuel-cost variation between signing the contract and carrying out the transport became mandatory and automatic whenever that variation reaches 5%, up or down, unless the parties have agreed in writing to a lower threshold. Any clause excluding this review is void by operation of law, and the invoice must itemise the fuel impact on the final price.
How the reporting channel works
Anyone who is the victim of a shipper ignoring this duty can report it to Fenadismer, which handles the case confidentially, protecting the whistleblower’s identity, and forwards it to the Road Transport Inspection Services to check compliance with the agreed economic terms — including billing since the decree took effect. The federation argues that non-compliance is sanctionable both for the shipper and for the haulier who accepts it without complaint.
Fenadismer puts the scale of the problem in context: diesel has risen 44% for heavy vehicles and 38% for light ones in eight months, and not all of that rise is reaching the transport invoice through the review the law requires.
Why it matters for hauliers leaving Portugal
The review duty applies to transport contracts governed by Spanish law — relevant for Portuguese hauliers operating under contract with shippers in Spain, including cabotage operations. It is worth checking whether the current contract already reflects the Article 38 formula and keeping the billing history: that history is what the Inspection asks for to confirm whether the review was applied.