ITALY LAW AND PRACTICE Contributed by: Giorgio Berlingieri, Alberto Massimo Rossi, Alfredo Lizio, Alberto Torrazza, Simone Gaggero and Filippo Cassola, ADVANT Nctm
5. Passenger Claims 5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims The resolution of maritime passenger claims is regulated by the following. • Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents, implementing the Athens Conven - tion on the Carriage of Passengers and their Luggage by Sea, 1974 (the “Athens Conven - tion”) as further amended. This Regulation currently sets out key provisions for resolving maritime passenger claims. The regime set out by the Italian Navigation Code now has a limited scope of application but still regulates the carriage of people by sea (see Articles 396 to 418). Article 16 of Regulation (EC) No 392/2009 provides that any action for dam - ages arising out of death of, or personal injury to, a passenger, or for the loss of or damage to luggage, will be time-barred after a period of two years. However, this time limit may be suspended or interrupted for a maximum period of five years. • Regulation (EU) No 1177/2010 concerning the rights of passengers when travelling by sea and inland waterways, has further enhanced the protection given to passengers and their belongings. Under Article 24, any passen - ger covered by the Regulation can make a complaint to the carrier or terminal operator within two months from the date on which the service was performed or should have been performed. Article 25 of this Regulation also provides that, in the event of an alleged infringement of its provisions, any passenger may submit a complaint, in line with national law, to the competent body designated as being responsible for the enforcement of the
Regulation, which is the Transport Regulation Authority in Italy. Article 418 of the Italian Navigation Code also provides for a specific time-limit period, which is shorter than in the other cases (even if its scope of application is now limited to carriages effected on board certain classes of ships only). In fact, any action will be time-barred after six months or one year if the carriage begins/ends outside the EU or the Mediterranean Sea. Finally, Article 8 of Legislative Decree No 111 of 28 June 2012 provides that the limitation of liability of the owner of a passenger ship in rela - tion to the death of, or personal injury to, a pas - senger is equal to 175,000 special drawing rights (SDR) multiplied by the number of passengers that the vessel can carry. It is worth noting that Italy recognises a maritime lien for claims arising out of loss of life or person - al injury to passengers or crew, which makes the application for conservative arrest of the vessel much easier for the claimant. These claims are considered in law as priority claims secured by a maritime lien (together with others contained in the relevant provisions) and are preferred to others in case of a forced sale of the vessel. 6. Enforcement of Law and Jurisdiction and Arbitration Clauses 6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading Italian courts recognise and enforce law and jurisdiction clauses stated in bills of lading.
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