Italian guidelines clarify the line between yacht charters and holiday packages: key implications for the yachting industry

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 […]

What happens if you purchase a vessel lacking CE requirements?

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 […]

The fine line between temporary admission regime and importation

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 […]

The role of the Captain in the construction, purchase & sale and refit of a yacht

 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 State-Owned maritime concessions shall be subject to public bids for tenders

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 […]

Works stolen by the Nazis and the relevant remedies for their restitution

Since the early 1990s and until today, the number of disputes regarding the ownership of cultural property has grown exponentially worldwide. In this regard, the greatest plunder of cultural property has been made by the Nazis in the occupied territories between 1935 and 1944. In fact, they stole about 1/5 of all the cultural property […]