By a judgment issued on 27th March 2014 the European Court of Justice held that a maritime transport service consisting of a cruise which starts and ends, with the same passengers, in the same port of the Member State falls within the definition of ‘maritime cabotage’ under the Council Regulation (EEC) No 3577/92 of 7 December 1992, with reservation of the cabotage services ‘to Community shipowners who have their ships registered in, and flying the flag of, a Member State of the European Union’.
By judgment dated 25.02.2014, the European Court of Justice confirmed the right of every person to be heard before a detrimental measure is issued against them. The compulsory and preliminary right of controverting, set forth by Case Sopropé, has been recognized as an EU law principle and therefore its application can be directly invoked by the taxpayer to the national judges.
The right of controverting is not only about the right to state the taxpayer’s point of view about the sanctions issued by the authority, but it also refers to the right be heard and to raise objections before the final decision is adopted (C-29/13 and 30/13, Global Trans Lodzhistik OOD vs Nachalnik na Mitnitsa Stolichna).
On 10th December 2013 the Regulation UE no. 1257/2013 on ship recycling was published on the Official Journal of the European Union.
The purpose of the Regulation is to enhance safety, protection of human health and of the Union’s marine environment through an environmentally sound management of hazardous or toxic waste originated by the ship recycling process.
On 11th March 2014 the Tribunal of Genoa had to decide whether an interim order for payment issued by a judge in the course of proceedings is sufficient to convert the conservative arrest of a yacht into attachment with following enforced sale.
The Tribunal, acknowledging that this is an unsettled issue with conflicting arguments, decided to stay the enforcement procedure.
By a judgment issued on 16 January 2014, the Tribunal of Mantova declared the lack of jurisdiction of the Italian Courts holding that in the absence of an agreement between the parties (necessary requirement according to EC Regulation 44/2001), the place of delivery of the goods must be intended as the place where the goods are in fact to be delivered to the buyer, notwithstanding the “CPT (Carriage Paid To)” clause.
On 19th October 2013 the General Director of Police issued a circular to implement the provisions of the Ministerial Decree No 266 dated 28.12.2012 (published on the Official Gazette No 75 dated 29.3.2013), concerning the use of private security guards onboard Italian merchant ships which sail in international waters at risk of piracy. This is Italy’s latest step to fight piracy at sea. Further information can be found in articles written by
By Law No 113 dated 23rd September 2013, Italy ratified the Maritime Labour Convention (MLC 2006), also known as the new “bill of rights” for maritime workers, adopted by the International Labour Organisation (ILO) on 23rd February 2006.
The “FRSU Toscana” regasification Terminal has arrived in front of Livorno (Tuscany – Italy), where installation and test operations are currently being carried out. The regasification Terminal has been realized transforming a LNG carrier, the m/y “Golf Frost”. Studio Legale Mordiglia assisted the contractor OLT Offshore S.p.A., a company of which the Italian group Iren is one of the shareholders, in several critical aspects of the project, that is undoubtedly one of the most important national projects in the Italian gas and energy industry.
Since 2013 Studio Legale Mordiglia is a member of ASLA – Associazione Studi Legali Associati. ASLA brings together some of the most important legal firms in Italy organized in partnership association or limited liability partnership. ASLA promotes new professional organization forms, takes an active part in researching, organizes training and updating courses for lawyers and trainee and offers scholarships to the worthiest. For any further information refer to ASLA website.