13.12.2018

The “feared” GDPR: what is its impact on shipping?

As is known, EU Regulation 2016/679 [1], i.e. the so-called “GDPR” (acronym of “General Data Protection Regulation”), entered into force on 25 May 2018. Such Regulation constitutes a historical turning…

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13.12.2018

Regulation (EU) 2017/352 on port services and financial transparency: provision of port services (first part)

We are finally ready for the analysis of the articles of Regulation (EU) 2017/352 "establishing a framework for the provision of port services and common rules on the financial transparency of…

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13.12.2018

The new parameters for evaluating concession applications: “traffic and development targets of port and inland logistics and the railway mode”

Let us continue to examine the circular of the Italian Ministry of Infrastructure and Transport (“MIT”) published in the Official Gazette of the Italian Republic of 5 February 2018, concerning the…

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13.12.2018

"Knock and it shall be opened unto you": from port pilotage to competition test, selection of concessionaires, self-handling and tariffs

We are back again with our analysis of pilotage, which, as is known, is one of the so-called “technical-and-nautical services” regulated by Article 14 of Law No. 84/94 and therein defined as…

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13.12.2018

State Aid: the European Commission rules against Italy once again and reiterates that the Port System Authorities are undertakings

We are dealing again with the issue of State aid, since Italy has recently been sentenced for the State aid it granted to the Port System Authority (“PSA”) of the Central Tyrrhenian Sea and to a…

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30.10.2018

Declaration of bankruptcy without prior termination of an unfulfilled concordato preventivo

The Tribunal of Arezzo (3 May 2018) followed on the precedents of the Court of Cassation (11 December 2017, No. 29632 and 17 July 2017, No. 17703) and confirmed that creditors which were not paid under a…

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30.10.2018

Concordato fallimentare, conflict of interest and voting right of the creditor making the proposal

With a recent decision (28 June 2018, No. 17186), the Joint Chambers of the Court of Cassation ruled that companies belonging to the same group as that which made a proposal for concordato fallimentare are…

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30.10.2018

The company has a super-priority claim in the insolvency of a shareholder for equity payments

The Tribunal of Reggio Emilia (9 July 2018) ruled that claims for equity contributions gain super-priority status in the insolvency procedure of a shareholder, at the time when the company recalls the…

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04.10.2018

Contributions from Nctm Offices Around the World
Shipping & Transport Bulletin October-November 2018

Maritime Holdings and Zeabron acquire Zeamarine The purchase by Maritime Holdings of the US and Gemany’s Zeaborn Chartering Management of Zeamarine of Germany has been approved by the EU Commission in…

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04.10.2018

A gangway detached from a cruise ship. Harbour Station, Port Authority, gangway manufacturer and master of the ship: who is responsible?

With a recent judgment[1] the first criminal division of the Court of Genoa has ruled on an accident caused by the sudden detachment of a boarding gangway fastened to the deck of a cruise ship to allow…

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04.10.2018

The new parameters for evaluating concession applications: nature and relevance of the infrastructure and superstructure investment proposed by an applicant

After the summer break, we are ready to get back to examining the parameters contained in the important circular of the Italian Ministry of Infrastructure and Transport (“MIT"), i.e. circular No. 187,…

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04.10.2018

Regulation (EU) 2017/352 on port services and financial transparency: general principles on financial transparency and port infrastructure charges

We will examine Regulation (EU) 2017/352 analyzing the recitals that reveal the general principles on financial transparency and port infrastructure charges[1]. With reference to the first issue, we…

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