One of the final pieces of legislation that the government enacted before the March 2018 general election was the eagerly awaited reform of the so-called 'Nautical Code'. The changes include a new definition of 'superyachts', the introduction of an electronic registration system for yachts and superyachts, a streamlined cancellation procedure for the Italian yacht registry and restrictions to the occasional chartering regime.
The most recent edition of the Nautica e Fisco booklet issued by the Nautical Association Industry and the Revenue Agency covers legal and fiscal developments in the nautical industry, including issues from registration to customs and fiscal matters. In particular, the booklet provides guidelines on exporting a yacht from Italy, value added tax exemptions for the use of yachts in the high seas and the temporary importation regime and refitting services.
The Italian International Registry provides a number of substantial fiscal advantages to shipowners. However, the European Commission recently established an EU pilot procedure against Italy to enquire into the nature of the advantages that Italy has made available to ships registered in the registry. The European Commission's message was taken on board and measures are now being discussed to amend national legislation so that it conforms to EU principles.
The Milan Court of Appeal recently addressed a demurrage claim under a voyage charterparty. The decision dealt with the issue of contract formation and focused on the choice of law provision contained in the charterparty. This case has confirmed that, when so called, the Italian courts are keen and ready to pronounce judgments in line with commercial shipping practice.
In an important decision, the Supreme Court recently established the validity of a forum selection clause contained in a multimodal bill of lading. The judgment is notable as it overturns the main trend in Italian case law on this subject. Before the issuance of the Supreme Court judgment, many lower courts had denied the validity of jurisdiction clauses contained in multimodal bills of lading.