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.

Partial delivery of cargo: the consignee is entitled to act against the carrier

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.

The ECJ on the meaning of “complaint in writing” in the Montreal Convention

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.

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.

Judgment of the EU Court of Justice on the nature of the intermediation service of Uber

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.

Visiting Attorney Program at SLM

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”.

Diritto del Commercio Internazionale

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”.