All posts by Pietro Mordiglia

Implementation of the EU Directive on package travel and linked travel arrangements

By Legislative Decree dated 21.5.2018 no. 62 Italy has implemented the EU Directive 2015/2302 of the European Parliament and of the Council on package travel and linked travel arrangements. The Legislative Decree modifies the provisions of Italian Law on Tourism (contained in Legislative Decree n. 79/2011) in light of the provisions of the Directive and contains the sanctions applicable to the organizer and the seller of package travel and linked travel arrangements for the violations of the provisions of the Legislative Decree. The Decree will enter into force on 1.7.2018.

Reform of the Italian port system – A new step forward

The Italian Legislative Decree no. 232/2017, concerning “corrective and supplementary provisions to the Legislative Decree no. 169/2016” for the reform of the Italian port system, entered into force on 24th February 2018. The new Legislative Decree develops various issues of the Italian port system, thus completing the reform of the Italian Law no. 84/1994 already started by the Italian Legislative Decree no. 169/2016. In particular, the above Decrees provide for a significant simplification of administrative proceedings and rationalization of the Port Authorities system.

New Pleasure Yacht Code

On 13th February 2018 the new Legislative Decree 3.11.2017 no. 229, revising and completing the previous Legislative Decree 18.7.2005 no. 171 “Pleasure Yacht Code”, entered into force. The Code, aimed to coordinate and balance the discipline governing the navigation of pleasure yachts and to simplify the relevant administrative procedures, for both leisure and commercial yachts, contains provisions to intensify the protection of the marine environment, the safety of navigation, the safety of life at sea and introduces new professional figures, including that of pleasure yachts broker.

Twenty-third EMLO annual conference

On 2 – 3 November 2017, the  twenty-third EMLO (European Maritime Law Organization) annual conference (“Global Alliances: Policy considerations, Brexit and Competition Law”) will be held in Hamburg at CARLS an der Elbphilharmonie and NRV Yacht Club. Marco Lopez de Gonzalo, with a presentation on Shipping Finance, will attend the conference as speaker. A summary of the event can be found here.

Airport handling and contract for third parties’ benefit

By judgement no. 21850 issued on 20th September 2017, the Italian Court of Cassation held that the relationship among the air carrier, handling operator and cargo interests does not give rise to a contract for third parties benefit, thus excluding the existence of a contractual relationship between the handling operator and cargo interests. The Court based its decision on the assumption that the handling operator must be qualified just as a carrier’s servant, so that the contractual liability for loss of and/or damage to the goods can be claimed to the carrier only. As a carrier’s servant, the handling operator is subject to the 1999 Montreal Convention and can take advantage of the same exemptions and limitations of liability which are provided in favor of the air carrier.

On-line contracts and agreements for the choice of jurisdiction

By judgement no. 21622 issued on 19th September 2017, the Italian Court of Cassation held the validity of an agreement for the choice of jurisdiction referred to in a link contained in an e-mail purchase order. Said judgement is in line with the recent EU Court of Justice case law, according to which this way of concluding agreements for the choice of jurisdiction complies with Art. no. 23 of (EU) Reg. Brussels I, pursuant to which “any communication by electronic means which provides a durable record of the agreement shall be equivalent to writing”. The Court of Justice therefore clarified that the insertion of said agreements in general terms and conditions that can be downloaded through the access to a web site does not prevent the parties to print and save the text of their agreement before the conclusion of the contract, thus allowing its durable record. The judgement of the Italian Supreme Court is going to have significant effects also on tourism and transport of passengers, where the on-line conclusion of contracts is getting very frequent.

Italian implementation of the (EU) Directive no. 2015/719 on haulage

By Ministerial Decree issued on 6th April 2017, Italy implemented the EU Directive no. 2015/719 on weight and dimension of commercial road vehicles. In order to prevent the overloading, the new regulation provides the shipper’s obligation to submit to the truck driver a statement certifying the weight of the shipped container; moreover, specific weight detection equipment shall have to be installed on board from 27th May 2017. As to the dimension, the new discipline allows the excess of the maximum length for vehicles equipped with aerodynamic devices. The Ministerial Decree also includes a definition of “multimodal transport” as the combined transport of one or more container up to a maximum length of 45 feet.

Italian implementation of the (EU) Directive no. 2014/90/EU on seagoing equipment

By a regulation approved on 7th June 2017, the Italian Government implemented  the (EU) Directive no. 2014/90/EU on seagoing equipment. The new regulation has the purpose to improve maritime safety, prevent marine pollution through the uniform application of international instruments relating to seagoing equipment (to be installed on board the vessels flying the flag of any EU Member State) and to ensure the free movement of such equipment within the Union. Moreover, the new Regulation establishes the Supervisory Authority to evaluate and deal with the risks arising from marine equipment on the market and on board European ships.

Bunker transfer between Italian companies and VAT exemptions

Bunker transfers between Italian companies in connection to ship bunkering, even in case an intermediary is involved, fall under the VAT exemption regime as provided by Article no. 8-bis, par. D), of the Italian VAT Decree, provided the performance of a commercial activity and the navigation on high seas (as specified in the Resolution no. 2/E issued on 12th January 2017 by the Italian Revenue Agency). As previously clarified by the Resolution no. 1/E (issued by the Italian Revenue Agency on 9th January 2017), the new EU Customs Code does not require anymore the adoption of the export procedure for ship supplies (Art. no. 269, par. 2, lett. C, EU Regulation no. 952/2013), thus preventing the possibility to apply for the export presumption as provided by the previous regulation, which referred to the exemption title as provided by Article no. 8, par. A), of the Italian VAT Decree.

New BIMCO standard contracts for spill incidents

BIMCO (Baltic and International Maritime Council) and ISCO (the International Spill Control Organisation) have recently issued two standard contracts, RESPONSECON and US RESPONSECON. The two contracts, RESPONSECON (international version) and US RESPONSECON (United States version), are designed for spill incidents and enable those involved to obtain clean-up services and hire specialised personnel and equipment without delay. The contracts are framework agreements covering the essential elements of the parties’ relationship based on the contractor’s provision of equipment and personnel or even for hire of equipment only. Application of the contract is not limited to shipping incidents or ship-owners counterparties. Requesting Parties may include pipeline operators, oil companies, regional and national government authorities, and other entities that may have a requirement to initiate spill response. The terms and conditions are set out in standard clauses with accompanying annexes for the different parties to insert detailed descriptions of the required services and rates for personnel and equipment.