The Court of Appeal of Milan recently held that the general rule consisting in the recognition of the right of action for damages to cargo exclusively in favour of the consignee who asked the carrier for delivery (art. 13 CMR and art. 1689 of the Italian Civil Code), also stands in case of partial delivery. The right of action is, in fact, transferred to the consignee upon delivery (or upon request of delivery) and it is irrelevant that delivery then only takes place partially, being the obligation of delivery an indivisible obligation.
Nel fascicolo 1/2018 della rivista Diritto del Commercio Internazionale è pubblicato un articolo del prof. avv. Marco Lopez de Gonzalo dal titolo “Le clausole
Article 31 of the Montreal Convention requires, in case of loss or damage of baggage, that a complaint “in writing” is made within 7 days, failing which “no action shall lie against the carrier”.
In the context of proceedings before the Finnish Supreme Court, the question arose whether a complaint made by phone by the passenger and recorded in writing by the air carrier would satisfy the requirement of art. 31 of the Montreal Convention.
The ECJ, in a judgement issued on 12 April 2018 (case C-258/16, Finnair v. Fennia), having noted that the Montreal Convention aims to “an equitable balance”, held that the requirement of art 31 of the Montreal Convention is satisfied if a complaint is recorded in the information system of the carrier or when, with the knowledge of the passenger, a representative of the carrier has recorded the declaration of loss made orally by the passenger either on paper or electronically.
With judgment dated 20th December 2017, in proceedings n. C-434/15, the EU Court of Justice ruled that the service provided by Uber is an intermediation service, the purpose of which is to connect, by means of a smartphone application and for remuneration, non-professional drivers that use their own vehicle and persons who wish to make urban journeys. Uber services must be regarded as being inherently linked to a transport service and, accordingly, must be classified as “a service in the field of transport” within the meaning of Article 58(1) TFEU. Consequently, such a service must be excluded from the scope of Article 56 TFEU, Directive 2006/123 and Directive 2000/31.
On 4 December 2017, Karl Depypere, from Antwerp (Belgium) started a two weeks visit at Studio Legale Mordiglia in the Genoa offices. Karl is an attorney at Roosendaal Keyzer, a Belgian law firm with a long standing relationship with Studio Legale Mordiglia. During his visit, he was involved in some cases and had the chance to familiarise himself with Italian procedure. He got aquainted with the way Italian law firms and the Genovese shipping market work and hosted a seminar titled “The Flinterstar – First steps in handling a Belgian Collision case”.
Marco Lopez de Gonzalo published an article on Diritto del Commercio Internazionale vol. 2/2017 entitled “Intellectual property and punitive damages before the Eurpean Court of Justice”.
Marco Lopez de Gonzalo also published on vol. 3/2017 of the same journal an article entitled “The Italian Court of Cassation changed opinion on punitive damages”.
In the Italian journal Diritto Marittimo (no. 1/2017) is published an article of Marco Lopez de Gonzalo entitled “The containers avaliability bentween lease, transport and property”.
In volume I of the Encyclopedia of Private International Law is published the voice “Carriage of passangers” written by Marco Lopez de Gonzalo.
On 23rd October 2017, Vesna Poles, from Koper (Slovenia) started a three months Erasmus Traineeship at Studio Legale Mordiglia in Genoa offices. Vesna has a bachelor’s degree in law, achieved at the University of Ljubljana and is currently completing a master’s degree in law at the same University. She is writing a dissertation entitled “On-line sharing platforms: legal regulation and competition law”.
By Law No 163/2017 Italian parliament empowered the Government to implement European Directives concerning European rail system, mandatory automatic exchange of information in the field of taxation, tax avoidance practices, reduction of national emissions of certain atmospheric pollutants, activities and supervision of institutions for occupational retirement provision.
The same law also empowered the Government to update domestic law in compliance with EU Regulation No 679/2016 on the protection of natural persons with regard to the processing of personal data, which will enter into force on 25th May 2018.