ITALY LAW AND PRACTICE Contributed by: Giorgio Berlingieri, Alberto Massimo Rossi, Alfredo Lizio, Alberto Torrazza, Simone Gaggero and Filippo Cassola, ADVANT Nctm
• legal costs due to the State or incurred in the common interest of creditors in order to preserve the vessel or for enforcement pro - ceedings, anchorage, lighthouse, port duties and other duties and taxes of the same type, pilotage costs, and costs for custody and maintenance of the vessel after its entry into the last port; • claims arising from the employment contract of the Master and the other members of the crew; • claims for sums advanced by transport and navigation or consular authorities for the maintenance and repatriation of crew mem - bers, and claims for compulsory contributions due to social security and welfare institutions for seafarers and inland navigation personnel; • indemnities and compensation for assistance and salvage and the sums due for the ves - sel’s general average contribution; • indemnities for collision or other shipping accidents and for damage to the works of ports, dry docks and navigable ways, and indemnities for death or injury to passengers and crew and for loss or damage to cargo or luggage; and • claims arising out of contracts entered into or acts carried out by the Master, within the scope of their authority, even if they are the ship-owner, for the preservation of the vessel or the continuation of the voyage. However, according to Article 561 of the Italian Navigation Code, the following liens are granted on the cargo: • legal costs due to the State or made in the common interest of creditors for conservative acts on the goods or for enforcement pro - ceedings; • customs duties due on the goods at the place of unloading;
• indemnities and compensation for assistance and salvage and sums due as general aver - age contribution; • claims arising from the transportation agree - ment, including the cost of unloading and the rent of any warehouses in which the unloaded goods are deposited; and • any amount of capital and interest due for obligations incurred by the Master in relation to the cargo in the circumstances referred to in Article 307 of the Italian Navigation Code. Under both the 1926 Maritime Liens Convention and the Italian Navigation Code, Italy recognises a maritime lien for indemnities arising out of per - sonal injury to passengers or crew. A vessel can be arrested with respect to the maritime claims set out in Article 1(1) of the 1952 Arrest Convention. If the vessel flies the flag of a State that is not a party to that Convention, it can be arrested in line with the general rules of the Italian Navigation Code and the Italian Code of Civil Procedure (provided that the vessel is owned by the debtor). According to the 1952 Arrest Convention, some maritime claims may give the right to apply for a conservative arrest of vessel, including those arising out of a charterparty. Reference is made in particular to Article 1(1)(d) (agreement relating to the use or hire of any ship whether by char - terparty or otherwise) and Article 1(1)(e) (agree - ment relating to the carriage of goods in any ship whether by charterparty or otherwise). 4.3 Liability in Personam for Owners or Demise Charterers A vessel can be arrested in Italy regardless of its owners’ personal liability. Italian courts usually tend to grant the arrest of a vessel (if a person other than the owner or the demise charterer is
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