European union law

Regarding the subject of transport and that of concessions and licences, the firm frequently deals with matters connected to the interpretation and application of European Union law, a field in which it excels thanks to the high level of competence and great experience of its practitioners.

In particular, Massimiliano Grimaldi, during his time as representative of the maritime shipping and inland navigation sector at the legal office of the Ministry of Infrastructures and Transport, dealt with the study and analysis of the European guidelines and directives, the preparation of outlines of legislative decree for implementing various European directives, of the European regulation on the subject of State aids regarding the transport sector as well as, more generally, European regulation on the protection of competition.

The firm’s activity regards matters related to the interpretation and application of both the primary European Union Law (Treaties) and secondary European Union law (regulations; directives; decisions; recommendations and opinions), and measures for implementation of the European directives issued in the light of the law of European delegation (that put into action an organic reform of the rules that regulate the participation of Italy in the formation and fulfilment of the laws and policies of the EU). Indeed, unlike the guidelines that are automatically binding all over the European Union on the date they come into force, the European directives must be transposed by the member countries in their national legislation, except for in the case of self-executing directives, i.e., directives that are detailed enough in their content and that, for this reason, do thus not need any transposition measures from the member states.

The mandates received by the firm include advice and assistance:

• regarding the preparation of transposition measures of European directives in the area of technical requisites of inland navigation vessels and that of goods transport for inland waterways;
• regarding the preparation of measures for the transposition of European directives in the area of professional certification of maritime personnel;
• regarding the preparation of measures for the transposition of European directives in the area of registration of people on board passenger ships;
• regarding matters concerning the length of concessions of maritime state property and state property of inland navigation with tourism-recreative purposes;
• regarding matters concerning the length of concessions of maritime state property and of state property of inland navigation for the construction and management of structures dedicated to yachting (marinas; tourist ports and mooring points);
• regarding the preparation of national measures in the area of state aids compatible with the treaty on the functioning of the European Union (TFEU).

The firm’s clientele is made up of businesses, shipping companies, port terminal operators, railway companies, road haulage companies, trade associations, public companies and public authorities.