Italy, Dardani Studio Legale updates
Shipping & Transport
Contributed by Dardani Studio LegaleDecision on shipbrokers' informative obligations
- Italy
- 06 November 2019
A significant recent judgment by the Genoa Court of Appeal examined the extent and nature of the informative duties imposed on shipbrokers under Italian law. The decision applies to shipbrokers the principles outlined by the Italian courts for general brokerage activities (in particular, real estate brokerage for which the case law is richer and more consistent). Consequently, a general and uniform legal framework has been extended to shipbrokers.
Tribunal of Genoa examines jurisdiction issue in pre-trial proceedings regarding court surveyor's appointment
- Italy
- 11 September 2019
A recent Tribunal of Genoa case concerning a yacht lost during carriage examined whether the Italian courts have jurisdiction to appoint court surveyors and order survey operations to take place in Italy where the merits of a dispute are not subject to Italian jurisdiction. According to the tribunal, the fact that the merits of the dispute in question were to be decided in London did not deprive the Italian courts' jurisdiction to order inspection and survey operations on goods located in Italy.
Back to formalities: recap fixture held insufficient evidence of charter contract
- Italy
- 03 July 2019
The Tribunal of Milan recently published a judgment analysing a common occurrence in shipping matters where a contract of charter is not incorporated into an agreement duly executed by both parties, but is instead contained in a recap fixture exchanged via email. The decision is noteworthy as it reaches conclusions (significantly different from prevailing Italian case law) which deserve to be carefully considered when concluding charter parties.
Genoa Court of Appeal confirms decision on limitation of carrier's liability under Hague-Visby Rules
- Italy
- 20 February 2019
A recent Genoa Court of Appeal decision interpreted the principle of the limitation of a carrier's liability under the Hague-Visby Rules. The decision affirms that receivers must give actual evidence of a carrier's knowledge that damage would probably have resulted as a consequence of its reckless conduct in order to claim the exclusion of the carrier's limitation of liability, with no recourse to factual presumptions.
Supreme Court rules out vicarious and strict liability of receiver for road carrier violations
- Italy
- 07 November 2018
The Supreme Court recently issued a significant decision regarding the joint liability of a carrier, shipper and owner of goods following the carrier's violation of road safety rules under Italian law. The decision is notable, as it gives a clear interpretation of Legislative Decree 286/2005's rules that the fault is the subjective element required to establish the liability of a party in the transport chain where there is a violation of the road safety rules.
