The contingency plan drafted by the Eu Council should ensure coordination and guidelines for the Member States in order to avoid sever impacts on transport of goods as clarified in the recent article published on www.transportwatch.eu
Following the recent measures introduced with the D.L. n. 125/2020 and the consequential extension of the state of emergency, the effectiveness of the requirements of dpcm 7 August 2020 for the movement of crew and crew of means of transport has been extended. These measures provide, upon their entry into Italy, the compilation of a self-declaration proving the work needs, as well as the prior communication to the department of prevention of the health company competent according to the place of entry.
The epidemiological emergency from Covid-19 has had a strong impact on the cruise transport sector, raising various legal issues regarding contagion liability. In particular, on the compensation of damage from “emotional distress” a recent ruling by the United States District Court has illustrated the criteria necessary to admit the compensation of the aforementioned damage, requiring the existence of both material damage and a near risk of such damage.
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.
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.
The EU on last 31st July 2020 published the “Mobility Package”, a set of rules for road haulage aiming to ensure better working conditions for drivers and haulers and improve road safety.
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.
The last amendment to “Decreto Rilancio” has been recently approved by the Parliament by the introduction of new art. 199 bis pursuant to which the ship can carry out operations under self-handling under certain conditions.
The Court of Appeal of Genova recently ruled an interesting case on a yacht insurance policy giving an extensive interpretation of the events covered by the policy up to and including sinking or flooding of the yacht for sea waves not only caused by bad weather.
EU Healthy Gateways (a Joint Action Consortium founded in 2014 by European Union with the aim of supporting cooperation between member states in dealing with health threats in the transport sector) recently provided an interim advice “for restarting cruise ship operations after lifting restrictive measures in response to the Covid-19 pandemic”.