Shipping 2025

ITALY LAW AND PRACTICE Contributed by: Giorgio Berlingieri, Alberto Massimo Rossi, Alfredo Lizio, Alberto Torrazza, Simone Gaggero and Filippo Cassola, ADVANT Nctm

4. Maritime Liens and Ship Arrests 4.1 Ship Arrests Italy has ratified the International Convention Relating to the Arrest of Sea-Going Ships signed in Brussels on 10 May 1952 (the “1952 Arrest Convention”) and the 1952 Arrest Convention is therefore applicable in this jurisdiction. Con - versely, Italy is not a party to the International Convention on Arrest of Ships signed in Gene - va on 12 March 1999. Security over a debtor’s assets can also be obtained in line with the gen - eral rules set out in Article 682 et seq of the Ital - ian Navigation Code and Articles 669 bis et seq of the Italian Code of Civil Procedure. 4.2 Maritime Liens Maritime liens are recognised in Italy, with regard to both international and domestic legislation. As regards international legislation, Italy has ratified the International Convention for the Unification of Certain Rules of Law Relating to Maritime Liens and Mortgages, 1926. In respect of domestic legislation, maritime liens are enu - merated in Article 552 (liens on the vessel and the charter) and Article 561 (liens on cargo) of the Italian Navigation Code. The provisions con - tained in the Italian Navigation Code only apply to vessels flying the Italian flag. The provisions contained in the International Convention for the Unification of Certain Rules of Law Relating to Maritime Liens and Mortgages, 1926 apply to vessels flying the flag of a State party to that convention. Under Article 552 of the Italian Navigation Code, the following liens are provided for on a vessel, on the freight for the voyage during which the claim arose, on the vessel’s appurtenances and on the freight items earned after the commence - ment of the voyage:

tors are not parties to the relevant contract of carriage. 3.4 Misdeclaration of Cargo According to Article 3, paragraph 5 of the Hague-Visby Rules and Article 457 of the Ital - ian Navigation Code, the shipper must provide a complete and accurate description of the cargo to the carrier. The shipper must guarantee the accuracy of the marks as well as the number, quantity and weight at the time of shipment to the carrier and will have to indemnify the carrier against any loss, damage and expense result - ing from inaccuracies in those particulars. Italian case law (particularly some first instance deci - sions) has confirmed this, stating in particular that, when maritime transport occurs under full container load conditions, the shipper will be liable for the cargo contained in the container. 3.5 Time Bar for Filing Claims for Damaged or Lost Cargo Under Article 438 of the Italian Navigation Code, the limitation period for maritime cargo claims is six months after: • delivery of the goods; • the date on which the goods should have been delivered, in the case of a total loss; or • the date provided for by Article 456 of the Italian Navigation Code, in the case of car - riage of specific goods. If either the port of loading or the port of dis - charge is located outside Europe or Mediter - ranean countries, the limitation period will be one year. However, the one-year time bar under Article 3, paragraph 6 of the Hague-Visby Rules will apply, whenever the matter is subject to the Hague-Visby Rules.

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