A decision of the Tribunale di Sassari dated 22 March 2016 concerning jurisdiction by territory in the contract of carriage has confirmed the principle expressed by the Cassazione (the Italian Supreme Court) according to which the “forum contractus” – which identifies the jurisdiction under Article 20 of the Italian Code of Civil Procedure as an…
The Bologna Court of Appeal has finally expressly pronounced on the particular methods of transport through the Free Port of Trieste. In the case brought before the Court, the Road Police had ordered the detention of a Turkish truck claiming that it was carrying out an illegal transport, since the tractor was already in Italy…
By means of judgment n. 1784/2015, published on 22 May 2015, the Court of Venice rejected the application of a well-known undertaking, entrusted with local transport services in the Province of Padua, accepting the defence arguments brought by the Firm, in the person of Stefano Zunarelli and of the Antitrust Competition and State aid Department,…
Following the by now well-known ruling of the Court of Justice (see our October 2014 Newsletter ), the minimum safety costs system, as laid down by Article 83bis paragraph 8, of Decree-Law 25 June 2008, n. 112, was expected to be further assessed by the Constitutional Court. On 13 May 2015, the Constitutional Court filed Decision…
In a judgment issued in February 2015, the Corte di Cassazione (the Italian Supreme Court) granted the arguments submitted by the Firm on behalf of a forwarding company, with regard to the criteria to be adopted for the quantification of damages in case of non-delivery of goods. Through this judgement which ended a dispute initiated…
By means of Judgment n. 182/2015, the Court of Trieste rejected the claims for damages made by an insurance company, subrogating the rights of the person entitled to delivery, against a freight forwarder (represented by Alberto Pasino and Federica Fantuzzi), a carrier and a port terminal. The damage involved machinery stowed in two containers that…
The Appeal Court of Bologna has recently resolved a dispute which had arisen because of a deadly accident that occurred to an aircraft, involving a passenger and the pilot who were on board. The dispute concerned, in particular, the payment of the compensation claimed by the heirs of the victims against the insurance of the…
Perhaps not everyone knows about the existence of a peculiar legislation which liberalizes the international road transport of goods transiting Italy through the Port of Trieste and through the Border Crossing Point of Tarvisio. The foreign carriers to or from the Port of Trieste can in fact transit through Italian territory holding an authorization issued…
It is well known that the abnormal length of trials is one of the obstacles to investments in Italy. Italian Trials normally last an average of ten years. Already in 1993 Italian lawmakers introduced – with the aim of reducing those numbers – the instrument of the mandatory appearance of the parties before the Judge,…
Within the activities of judicial assistance pro-vided by the Firm, a recent arbitrational award, that ended a dispute taking place before an arbitration tribunal, undoubtedly de-serves to be commented. In this specific case, the partner of a road transport company on behalf of third parties submitted a request for arbitration to the Order of Chartered…