Recreational Boating Law
The Firm offers highly specialized legal advice in recreational boating law, thanks also to the direct contribution of two of our professionals to the drafting of the Italian Recreational Boating Code under the Legislative Decree No. 171 of 18 July 2005.
We assist industry operators, public bodies and private individuals in every phase of the activity, from the design and management of marinas to the regulation for recreational craft. Our services include assistance in the concession phase for the construction of docks and marina resorts, the drafting of marina regulations, and the preparation of mooring contracts and contracts for recreational craft.
We also provide both judicial and out-of-court support, ensuring comprehensive legal assistance on all regulatory aspects concerning recreational boating and tourist ports. Thanks to our extensive experience in the sector and ongoing regulatory updates, our Firm is a trusted point of reference for legal consultancy in the nautical field.
Notable cases
We are representing a marina concessionaire in an appeal pending before the Regional Tax Court of Friuli Venezia Giulia, in the context of a dispute with the Italian Revenue Agency (Agenzia delle Entrate). The case concerns the proper classification and attribution of cadastral income relating to properties occupied by the marina and tourist port, which were previously the subject of a first-instance judgment resulting in their classification under cadastral category E/1.
The Firm is currently advising marina concessionaires in the management of numerous mooring contracts, with particular focus on the recovery of outstanding fees from users. This activity encompasses both the out-of-court phase, aimed at formal reminders and the amicable resolution of contractual breaches, and the judicial phase, involving the initiation of legal proceedings for the protection of credit, including, where appropriate, the activation of enforcement measures.
In addition, the Firm also assists private individuals (shipowners and boaters) in the negotiation and conclusion of mooring contracts, ensuring that the contractual provisions relating to the use of the water surface, additional services (water, energy, security) and custody obligations are fairly balanced and aligned with the client’s interests.
The Firm has assisted a concessionaire in managing relations with the Municipality concerning the recognition of the private nature of docks constructed within the port complex. The matter concerned the legal classification of state-owned maritime areas developed by the concessionaire and the possibility of excluding such areas from public use, based on their function in serving the marina and the moored users.
The activity is carried out at both the administrative level and, where necessary, through judicial protection measures, including actions against municipal measures seeking to impose forms of public access or regulatory constraints incompatible with the concession framework.
The Firm offers legal assistance in the preparation of appeals before the European Court of Human Rights (ECHR) in cases involving alleged violations of the right to property, as guaranteed by Article 1 of the Additional Protocol to the ECHR Convention.
In particular, we handle cases concerning private investments in state-owned property – such as infrastructure within tourist ports – that have been effectively expropriated or rendered economically unviable due to acts or conduct by public authorities.
Our legal actions aim to secure recognition of the violation of the peaceful enjoyment of property, as well as adequate compensation at the supranational level, in accordance with the evolving European case law on concessions and public contracts.
The Firm assists and has assisted several marina concessionaires in the renegotiation of maritime state concessions, in particular for the revision of economic obligations and investment commitments in the face of unforeseen circumstances, regulatory changes or situations of contractual imbalance.
This activity is conducted both at the administrative level, through dialogue with the competent authorities and the preparation of applications along with technical and legal documentation, and, where necessary, through litigation to protect the concessionaire’s interests in the event of rejection or prolonged inaction by the public administration.
The Firm also provides support in procedures related to the extension, renewal and adjustment of concessions, with particular attention to compliance with European public disclosure requirements.
The Firm assists concessionaires and operators of marinas in disputes concerning the payment of local taxes for waste disposal, with particular focus on the applicability of TARI (Italian waste tax) or other similar levies on waste produced in the context of port activities.
In several occasions, the Firm has contested the legitimacy of tax claims made by municipalities in relation to state-owned areas under concession, arguing that TARI is not applicable to areas that do not produce urban waste, or that are already subject to specific waste disposal obligations under port and environmental regulations.
This activity is carried out both at the administrative level, through the submission of self-protection requests and comments on payment notices, and through litigation before the tax courts aimed to obtain the annulment of unlawful tax assessments.
The Firm assists concessionaires and operators in the nautical and tourism sector in the drafting and negotiation of contracts for the management of marinas and docks, including mooring contracts, boat slip lease, sub-concessions, port service contracts and management agreements with third parties.
Particular attention is given to the definition of liability, withdrawal rules and credit protection, including through the introduction of specific clauses for the management of breaches and the intervention of the operator in case of arrears in payment.
Assistance is provided both in the drafting and revision of standard contracts adopted by the concessionaire and in the context of specific negotiations with clients, users, or third parties, ensuring compliance with the regulatory framework governing maritime state property and with the obligations set out in the concession titles.
The Firm has assisted marina concessionaires in proceedings brought by the State Property Agency (Agenzia del Demanio) or Maritime Authorities requesting the payment of supplementary concession fees, calculated retroactively following regulatory updates or revaluations of the concession’s subject matter.
In particular, the Firm has contested the legitimacy of such requests when based on criteria introduced after the commencement of the concession relationship or applied in a manner inconsistent with the terms of the original concession title, invoking the principles of non-retroactivity of unfavourable administrative acts, legal certainty, and the protection of legitimate expectations.
The Firm has assisted concessionaires, port operators and users in the management of disputes relating to damage suffered by vessels within marinas, docks and mooring facilities.
This activity includes assistance in the out-of-court phase, through the drafting of incident reports, warning letters or responses to objections, as well as representation in judicial proceedings, aimed at ascertaining civil liability arising from failure of supervise, defects in port facilities, negligent conduct by third parties or exceptional weather events.
The Firm also manages relations with insurance companies and experts appointed to carry out technical assessments, in order to best protect the client’s economic interests, both in contractual matters (e.g. Mooring agreements) and non-contractual matters.
The Firm has assisted shipowners, brokers, and private clients in drafting, reviewing, and negotiating maxi-yacht charter agreements, both domestic and international, including those governed by MYBA standards or other contractual terms commonly used in the yachting industry.
This service includes legal advice on taxation, customs, and flag-related matters, as well as assistance with commercial shipping compliance, navigation requirements, and the authorizations needed to operate charter activities in Italian and EU waters.
Thanks to its consolidated experience in the luxury yachting sector, the Firm provides end-to-end support throughout all phases of the transaction, ensuring comprehensive legal assistance in full compliance with the applicable regulatory framework.
The Firm assists both leasing companies and private shipowners in matters relating to the financing, construction, and sale of recreational boats and pleasure vessels, providing legal support throughout all phases of the transaction.
The Firm has assisted nautical industry operators, shipowners, and leasing companies in addressing tax issues related to the importation into Italy of yachts flying non-EU flags, with particular focus on the application of VAT on importation, temporary admission, and special customs regimes.
This activity is carried out both in the preventive phase, through the analysis of the transaction structure, assessment of the user’s tax residence, and review of the relevant commercial and technical documentation, and in the litigation phase, in cases involving observations raised by the Customs Agency or the Italian Financial Police (Guardia di Finanza).
