With judgment no. 31477 of 2 December 2025, the Italian Court of Cassation ruled on the procedures for collecting fuel samples aimed at verifying the sulphur content pursuant to Article 295 of Legislative Decree 152/2006.

During an inspection carried out on board the m/v Bonaria, moored in the port of Civitavecchia, the Port Authority collected fuel samples not from the tank – as required by law – but rather from the engine filtering system. The analyses showed a sulphur content exceeding 0.1%, resulting in the imposition of the administrative sanction provided for under the applicable legislation.

The shipowners challenged the order, arguing that the sampling method was unlawful. Both the Court of First Instance and the Court of Appeal rejected the shipowners’ arguments. Conversely, the Court of Cassation, when called upon to decide the matter, upheld the appeal, clarifying that fuel sampling for the purpose of verifying sulphur content must necessarily be performed in the tank, and that sampling from alternative points of the engine system is not permissible.

According to the Supreme Court, the regime governing administrative sanctions is based on the principles of legality, specificity, and strict construction, which require a rigorous – rather than expansive – interpretation of the conditions and procedures for establishing violations. At the time of sampling (10 December 2014), national legislation expressly identified the tank as the location where sampling had to take place; the actions of the Port Authority were therefore contrary to the law. The illegality of the procedure – as well as the limited reliability of the sample taken – led the Court of Cassation to annul the administrative sanction imposed on the shipowners.

The ruling carries significant operational implications. On the one hand, maritime authorities will need to ensure that sampling is carried out strictly within the vessel’s tank: samples taken from other points will undermine the legitimacy of the inspection and render any resulting administrative sanction easily challengeable. On the other hand, shipowners will benefit from strengthened procedural safeguards, as the decision reinforces protections against non‑standardized methods for determining sulphur content.

Camilla Del Re
camilla.delre@mordiglia.it