Shipping and Transport Bulletin – June-July 2016
In this issue, we analyse again the nature of the Italian Port Authorities, in light of the proposed reform of the so-called, “Italian Port law.” The central issue being whether the Port Authority should be considered as a mere Public Administration or as an economical undertaking?
We go on to look at port matters, to provide our legal insight concerning the regulation of port concessions developed by the Italian Government and the relevant opinion of the Supreme Administrative Court (the Consiglio di Stato), which asks for changes to be made to the proposed regulation.
We next analyse the new legislation regarding the fundamental rights of seafarers, especially focusing on the new inspections regime, following the entry into force of the Italian Legislative Decree. n. 32/2016.
As part of our highlights of recent legal changes that are occurring, we then look at the recent and important judgment from the English Court of Appeal, in “YUSUF CEPNIOGLU,” in which the Court found in favour of the P&I Club in clarifying when a direct action suit may be brought by the damaged party. While the Court’s ruling is being viewed as pro-insurer decision, it gives the right to be granted an anti-suit injunction, if, inter-alia, it is found that there is a contractual right to bring suit within the law and jurisdiction clause contained in an insurer’s insurance contract, and that choice of law and jurisdiction under the contract clause should be recognised.
In another recent judgment, the European Court of Justice declared the non-compatibility with EU law with a national law, which imposes more stringent time restrictions, than those provided by EU regulation, on the post-clearance examination of a customs declaration. The decision should put an end to this long debated issue.
We will wait to see how Italy is implementing (and debating) the new SOLAS container weight verification requirements, which will enter into full force on July 1, 2016.
Our Newsletter than will conclude by commenting on the new Circular EAL-16/A issued by ENAC (the Italian air service regulator) on the necessary requirements needed to receive a transport license.