All posts by Francesco Gasparini

Use and abuse of jurisdiction by connection

Marco Lopez de Gonzalo, partner of Studio Legale Mordiglia, published an article on Diritto del Commercio Internazionale vol. 1/2021 entitled “Use and abuse of jurisdiction by connection” (High Court of Justice, Queen’s Bench Division, Commercial Court – judgement dated 29th May 2020). The Court judgement stated that the jurisdiction criterion by connection set for by art. 8.1 of Regulation (EU) n. 1215/2012, can not be applied when the application towards the defendant in the Member State of the Judge (“anchor defendant”) is manifestly ungrounded.

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Pilotage in the Strait of Bonifacio: towards a new phase of experimentation?

At a recent informal hearing at the Chamber of Deputies (Environment and Transport Committee), the Italian Federation of Harbour Pilots (Federpiloti) was invited to address the issue of environmental protection and regulation of maritime transit in the Strait di Bonifacio, illustrating the pilotage system currently in force and new perspective for its improvement.

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Electronic Paperless Trading

On 24 March 2021, the International Group of P&I Clubs officially approved the TradeLens eBL system, a digital supply chain system that provides a process for the issue, transfer and surrender of original bills of lading by using a blockchain that provide real-time information on the status of the shipment.

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The EU Mobility Package: interpretative notes

On 16th March 2021, the Ministry of Interior issued the Circular no. 300/A/2356/21/111/2/2, illustrating the main innovations introduced by the so-called Mobility Package (Reg. 2020/1054, Reg. 2020/1055, Reg. 2020/1056 and Directive 2020/1057). The main changes concern the access to the profession of hauler, cabotage and driving times.

19 MARCH 2021 – Webinar – “A stormy sea”

On next 19 March 2021 the Logistics, Shipping and Transport Section of ANIPM (Industrial Engineering Association) organises a webinar on the anomalous trend of maritime freight and the consequent impact on the supply chain. Enrico Salvatico, partner of our Firm and president of LTS section, moderates the speech. EPC Contractors, shipowners and shippers will discuss these dynamics in the light of the apparently unstoppable growth of maritime freight in today’s global context. You can find the details of the event and the guide for the free registration to the event to the link https://animp-lts-noli-marittimi.eventbrite.it ).

Stowaways and International Protection in Italy

In a recent case, our firm has dealt with the problem of stowaways on board vessels and the consequent possibility of disembarkation and repatriation to their country of origin. This issue has been resolved in the light of that set of fundamental rights recognized in Italy under the name of “international protection” to guarantee all foreigners or stateless persons, in accordance with the provisions of the Geneva Convention of 1951.

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The ECJ on dock workers: access to market and safety concerns

A law that reserves the dock work to “recognized workers” may be in accordance to the EU law if it aims to ensure safety in port areas and the prevention of accidents at work. The intervention of a joint administrative commission in the recognition of port workers is neither necessary nor appropriate to achieve the objective pursued. This is what the EU Court of Justice declares in the judgment of 11 February 2021 in joined cases no. C-407/19 and C-471/19.

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Labelling of packaging

Legislative Decree No. 116/2020, in force since 26 September 2020, makes changes to paragraph 5 of Article 129 of Legislative Decree No. 152/2006 (“Environmental Code”), concerning the labelling of packaging. In particular, specific information obligations are introduced for producers who must label all packaging in accordance with the methods established by UNI technical standards.

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