Newsletter | Shipping & Transport Bulletin | April – June 2021
In this issue:
We have already dealt extensively with the new guidelines on the award of concessions for port towage. Said guidelines were first applied in the context of the call for tenders published in February of this year by the Harbour Master’s Office of Savona. In light of this call for tenders and pending the publication of calls for tenders for the other Italian ports, we think it is worth reflecting further on the issue of port towage. Let’s consider, in particular, the consequences deriving from the amendment of Article 14 of Law no. 84 of 28 January 1994, which has in fact broadened the notion of port towage.
Here we are again on the subject of port towage, but this time from a new perspective, the one of applicable State aid provisions. Let’s go into greater detail on the applicability of EU rules on state aid to the towage service.
The Italian Antitrust Authority has – as usual – prepared and sent to the Government, last March, its annual report containing proposals for competition reform for the purposes of the Annual Law for the Market and Competition for the year 2021. This report also deals with aspects relating to the port sector: so, let’s analyse the proposals formulated by the Italian Antitrust Authority with reference to our industry.
With the entry into force of Legislative Decree No. 75 of 14 July 2020, companies may also be held liable – pursuant to Legislative Decree No. 231 of 8 June 2001 – for smuggling offences committed by their management or employees in the interest or to the advantage of the companies themselves. Let’s see how to reduce the risk of sanctions arising from the inclusion of smuggling offences in Legislative Decree No. 231 of 8 June 2001.
A strike can be considered as a “force majeure event”, exempting the defaulting party from contractual liability, only if it does not occur within an internal trade union conflict. This has now been confirmed also by a recent ruling of the European Court of Justice. Let’s analyze this matter.
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.