Author Archives: Gianfranco Puopolo - Gaia Parisi

In the world of high-value maritime assets, the death of a Beneficial Owner (UBO) often triggers a legal storm that many stakeholders—captains, yacht managers, and heirs—are unprepared to weather. While European law has moved toward “legal unity” in inheritance, a fundamental disconnect remains between the courtroom and the marina. The EU Succession Regulation: A False […]

In business aviation, tax and customs exposure does not usually begin with a major dispute or a high-profile transaction. More often, it starts much earlier, and much more quietly, in the ordinary decisions surrounding the life of an aircraft. A change in ownership, a different operating pattern, time spent in another jurisdiction, or a shift […]

Introduction This article analyzes the legal implications connected to the professions of brokers and yacht managers, that have key roles in the yachting industry, especially with regard to superyachts sale and purchases. In particular, Italian courts have recently ruled on the following topics: (i) “as is / as she lies” clauses and hidden defects; (ii) […]

Introduction Post‑sale warranties are often the decisive factor in post‑delivery disputes. They determine who bears the risk of hidden defects, what remedies are available, and, crucially, how fast a buyer must act. Italian law provides a dual framework: one regime for consumer buyers (B2C) and another for professional transactions (B2B), which apply when the buyer […]

Recent guidelines issued by the Italian Ministry for Tourism and the Ministry of Infrastructure and Transport clarify how law provisions on holiday packages interact with those regulating yacht charters. The guidelines are relevant for the yachting industry, because they set the boundaries between maritime brokerage and travel organization. In addition, they have direct consequences for […]

Introduction The EU Directive 2013/53/EU requires that all vessels between 2.5 and 24 meters shall comply with strict standards for stability, safety, structural resistance and environmental impact. Without CE marking, a yacht cannot legally be sold or used in EU waters. Therefore, CE requirements are not only a formality, but a real passport of legality […]

Introduction The regime of temporary admission is commonly used in the yachting industry, because it allows non-EU goods (i.e., yachts flying extra EU flags) to be introduced into the customs territory of the European Union for a limited period of time of eighteen months (the so-called “period of discharge”), with total exemption from import duties […]

Everyone in the yachting industry knows the old adagio in which the best moments in a yacht owner’s life are the day of the purchase of a yacht and the day when the yacht is sold. Buying or building a yacht is certainly a rewarding experience marking a moment of success and happiness in a […]

 Introduction The Captain’s role consists of running the crew, overseeing the technical conditions of the yacht, making sure that the yacht is secure and safe in compliance with the relevant international maritime regulations. In addition, pursuant to article 295 of the Italian Navigation Code and the 2006 Maritime Labor Convention, the Captain is the legal […]

The Council of State, with the recent decision no. 10455 of December 4, 2023, reaffirmed that the state-owned maritime concessions shall be subject to public bids for tenders, as established by EU law and by the predominant EU Court of Justice’s case-law. This principle is also enshrined under article 12 of Directive 2006/123/CE (the so-called […]