All posts by Luca Mordiglia

Commercial and regulatory overview of the Italian shipping industry

Pietro Palandri and Marco Lopez de Gonzalo, partners of Mordiglia Law Firm, contributed to the publication of an important chapter of the “Shipping Law Review – Seventh edition”, which provides an overview of the entire sector of the Italian shipping industry, with specific insights to commercial and regulatory aspects.

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The Court of Justice of the European Union on the notion of “actual” employer with reference to international transport

By a recent judgement issued on last 16th July, the European Court of Justice stated that the employer of an international long-distance lorry driver, for the purposes of Regulations 1408/71 and 883/2004, is the company that bears the cost of his wages and that is entitled to dismiss him, and not  the company entered  into the employment contract as named employer.

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The EU Commission authorizes the Italian International Registry measures until 2023.

On the last 11 June 2020, the EU Commission extended the Italian International Registry measures to 2023 on condition that Italy enacts some amendments to the provisions of the Italian Register regulation. In particular, Italy undertook to ensure a reduction of the shipping companies’ Corporate Income tax to certain revenues, such as the ones deriving from transport activities and other ancillary revenues. Finally, shipping companies that want to benefit from the International Register regime must fly the flag of a European Union State or the European Economic Area.

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European Commission’s approval of Italian tax measures for maritime transport.

On last 11 June 2020 the European Commission, in the context of its role in relation to State aid, approved the prolongation until end 2023 of a number of Italian support measures for maritime transport under Italy’s “International Registry” scheme.

Italy has committed to a number of changes to its scheme to avoid undue competition distortion as well as to prevent any discrimination between shipping companies and registries of different European Economic Area (EEA) States.

In this respect, the Italian authorities have committed to extend the benefits of the scheme to all eligible ships that fly an EEA flag, in order to prevent any discrimination between shipping companies and registries of different EEA States and to preserve internal market rules on freedom of establishment.