Shipping & Transport Bulletin
August – September 2018

After the conclusion of the call for input initiated about a year ago, the Italian Transport Regulation Authority finally approved the first regulatory measures on fair and non-discriminatory access to port infrastructures. Let’s see the adopted measures.

When a controversy arises regarding the agreement in lieu, which is the judge called to settle the issue? In other words, is it submitted to the Civil Court or to the Administrative Court? Let’s find out by examining the applicable laws and the principles stated in the case law.

Let’s continue to analyse, one-by-one, the new parameters laid down by the Italian Ministry of Infrastructures and Transports, that the Italian Port System Authorities must take into account when comparing applications for the renewal and/or issuance of maritime concessions pursuant to Article 18 of Law No. 84/94. In particular, in this issue we will analyse the second criterion set out by the Italian Ministry of Infrastructures and Transports, concerning “the capacity to ensure the widest access conditions to terminals for users and operators concerned”.

Let’s continue our analysis of the Regulation (EU) 2017/352 which establishes “a framework for the provision of port services and common rules on financial transparency of ports“, examining the general principles on port services.

Finally, now that the summer has started we intend to deal with a topic concerning leisure boating: the mooring agreement and, specifically, the custody obligations that could be imposed on the facility where a boat is moored.

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 a list of our events taking place at our Milan and Rome offices, in addition to the usual update on our firm’s activities over the past two months.