The Italian Supreme Court of Cassation Denies the Entitlement of Pilots to Salvage Remuneration

Abstract

At dawn of 29 May 2009 the ro/ro pax Vincenzo Florio caught fire off Ustica Island whilst en route from Naples to Palermo. The passengers were transshipped to a vessel which was navigating nearby and all crewmembers then abandoned the ferry.The Vincenzo Florio was towed to Palermo by tugs of the local tug company, which had pilots on board to assist in the manoeuvring. The pilots also assisted in directing the positioning of floating pontoons alongside the breakwater of the port of Palermo where the Vincenzo Florio was to be moored as she had her fin stabilisers locked outboard. The pilots’ claim for salvage remuneration made to the Judicial Administrator of Tirrenia di Navigazione spa in extraordinary administration was rejected. The subsequent appeal of the pilots to the Supreme Court of Cassation was dismissed with judgment no. 7150 of 13 March 2020, on the ground that when pilotage is compulsory by law, as was the case in the port of Palermo, pilots are bound to assist the ship. In fact, in complying with their duties, pilots fulfil the purpose of ensuring safe navigation in the public interest. Their activity which, with greater reason, is to be provided and is to be performed when a ship is in danger, is framed within ordinary pilotage services. The article criticises the reasoning of the Supreme Court of Cassation.

Keywords

• compulsory pilotage
• salvage
• ship in danger
• 1989 salvage convention
• duties of pilots under the italian code of navigation
• law 28 january 1994 no. 84 on the reorganization of port legislation