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.
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.
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.
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.