Shipping & Transport Bulletin November – December 2020
In this issue:
A recent judgment of the Regional Administrative Court of Liguria provides an interesting key for the interpretation of the provisions of Port Master Plans, with a focus on those concerning the core functions of the different functional areas in which Italian ports are divided.
In a recent judgement, the Italian Higher Administrative Court has set out some important principles regarding the entrustment of waste collection services on board ships, but also – more generally – regarding the value of the entries in the registers under Article 68 of the Italian Navigation Code and the procedures for selection of the operators who are called on to provide public port services. This judgment would seem to be a clear push towards opening up the market. The same trend can be seen in the position taken by the Italian Antitrust Authority and endorsed by the Lazio Regional Administrative Court as to the barge-based bunkering service.
By some recent rulings, the Regional Administrative Court of Tuscany clarified that the financial burden involved with the provision of the public security service at port customs gates cannot be placed only on concessionaires of state-owned areas, as such costs must be shared among all users of port services.
By the so-called “August Decree”, the Italian Government introduced various measures aimed at supporting and rescuing the economy, in order to countervail the effects of the pandemic on the national economic system. Some of the measures passed are specifically intended for the maritime industry, others apply to the generality of employment relationships and, therefore, to the harbour industry as well. This article intends to provide a quick overview of such measures, with a view to helping operators orient themselves in the new legislation.
By a recent decision, the Italian Supreme Court en banc provided a complete solution to the controversial objection of lack of jurisdiction of Italian courts over compensation claims relating to international flights with tickets bought online. Let’s analyze this decision.
We want to thank our colleagues at Nctm Brussels’s office for their contributions highlighting the most significant actions taken by EU institutions in the international shipping and trade sector.
You will also find the usual update on our firm’s activities over the past two months.