18.06.2019

Contributions from Nctm Offices Around the World
Shipping & Transport Bulletin June - July 2019

State aid for a dredger in the port of Klaipeda Lithuania sought to provide aid for the purchase of a dredger for the Klaipeda State Seaport Authority as there are no dredging services offered on the…

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18.06.2019

Changes to the Instruments for Maritime Labour Inspection (Maritime Labour Certificate, Declaration of Maritime Labour Compliance and Report on Seafarer Recruitment and Placement Agencies)

As is generally known, the Maritime Labour Convention (ILO – MLC, 2006) is one of the most important cornerstones of national and international maritime labour law. More specifically, the Convention –…

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18.06.2019

Article 577 of Italian Navigation Code: interpretation issues involved with the limitation period of naval mortgages

Interest and criticism have arisen from among legal commentators and courts in relation to article 577 of the Italian Navigation Code, due to its poor wording: “The rights arising from the grant of a…

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18.06.2019

Pros and cons of a possible Emission Control Area (ECA) in the Mediterranean Sea

In recent times, the idea of creating an emission control area for the Mediterranean Sea seems to have come back under the spotlight. The proposal was put forward by France, which, in the wake of the ECA…

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18.06.2019

The competitive distortions of tariffs for technical-nautical services under Regulation (EU) 2017/352 (... and before national courts)

In the previous two issues of our Newsletter we dealt with the piloting service [1]. In particular, we pointed out that, in 2013, the Italian Competition Authority (AGCM) had examined the methods of…

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18.06.2019

New guidelines on the award of concessions for port-towage

In March 2019 the Italian Ministry for Infrastructures and Transports (Ministero delle infrastrutture e dei Trasporti, “MIT”) issued the new guidelines on the award of concessions for port-towage…

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18.06.2019

The Port System Authority is an undertaking for the purposes of the antitrust law

With a recent decision, the Court of Genoa has recognized that the Italian Port System Authority (hereinafter, "PSA") is an “undertaking” for the purposes of the antitrust law with respect to the activity…

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21.05.2019

Drafting techniques: from recent case-law contributions on risk of inadmissibility of deeds with the Supreme Court to the incentives under Ministerial Decree 37/2018

The recent reforms addressing proceedings before the Supreme Court devote  a great deal of attention to drafting techniques, since the strengthening of procedural filters, in accordance with the…

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21.05.2019

The fate of debts and receivables in the company voluntarily wiped out

A recent ruling of the Court of Rome stated that in case of voluntary winding-up of a company carried out during a proceeding introduced by the same company, it is presumed that this one has tacitly waived…

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21.05.2019

Precautionary protection of the right to honour and reputation in light of the principle of inadmissibility of precautionary measures equivalent to seizure of the press under Article 21, paragraph 3, of the Italian Constitution

In the event of online press articles causing damage to honour and reputation, without prejudice to the prohibition of precautionary measures having equivalent effect to seizure of the press, the victim…

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15.05.2019

Agency and business procurement: when “the suit does not make a man"

By its judgment No. 3557 of 23 October 2018, the Court of Appeal of Rome dealt with the issue of the boundaries between agency agreement, as regulated by Articles 1742 et seq. of the Italian Civil Code,…

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15.05.2019

Resolutions avoiding unfavourable judgments as possible abuse of majority rule

This note is inspired by a recent ‘abuse of majority’ case and focuses on meeting resolutions passed with the sole intent of harming minority shareholders as well as on immediate enforceability of…

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