Shipping & Transport, Dardani Studio Legale updates

Italy

Contributed by Dardani Studio Legale
Exercise of maritime liens on cargo to secure credits for freight and demurrages
  • Italy
  • 24 February 2021

The Civitavecchia Tribunal recently considered a vessel owner's application to exercise a maritime lien on a quantity of coal carried on board the vessel to secure its freight balance, demurrages and expenses towards the charterer after the charterer applied to open insolvency proceedings. The decision was based on two precedents of the Genoa Court and reinforces the principles that under Italian law, a lien on cargo can be placed under the authority of only the local courts.

Supreme Court rules on defence of lack of jurisdiction due to state immunity
  • Italy
  • 23 December 2020

The Supreme Court recently ruled in a case concerning the defence of lack of jurisdiction due to state immunity claimed by Rina SpA in the matter concerning the sinking of the Al-Salam Boccaccio 98. The decision contains precise guidance as to immunity from jurisdiction with regard to the classification and certification of ships, thereby making it improbable that any such defence will be successfully pleaded in the future by a classification society before an Italian court.

Supreme Court rules on apportionment of salvage reward among shipowner and cargo interests
  • Italy
  • 21 October 2020

The Supreme Court recently issued a significant decision on the apportionment of a salvage reward among a shipowner and cargo interests. The decision has confirmed the principle already expressed in previous Supreme Court judgments that the shipowner is liable towards the salvor for an entire salvage reward, subject to recourse action by said shipowner against the cargo interests. However, the Supreme Court's conclusions are debatable, as is its interpretation of Article 497 of the Code of Navigation.

Immunity of jurisdiction defence rejected in compensation claim
  • Italy
  • 15 July 2020

The Court of Genoa recently referred a jurisdictional immunity claim to the European Court of Justice for a preliminary ruling on whether it should decline to hear the case on the basis of said immunity exception or whether it must apply the EU Brussels Regulation. The case concerned a compensation claim by survivors and relatives of the deceased of a ferry accident.

Ship sale and purchase transactions and acquisition of business assets: recent developments
  • Italy
  • 06 May 2020

Italian law includes no specific rules concerning the sale of ships. As such, the general rules on the sale of movable assets apply. However, should the purchase of a ship qualify as an acquisition of business assets, certain mandatory rules of law apply. In two recent judgments, the Rome Court of Appeal held that the mandatory rules regarding the transfer of business assets do not apply to sale and purchase agreements concerning a single ship.


Current search