GPD, represented by attorneys prof. Andrea Gemma and Chiara Pero, prevails before the Ordinary Court of Cassino, obtaining the revocation of the seizure of a vessel as security for the payment of alleged salvage compensation claims.

The order merits attention for the clear distinction drawn between mere towage activity – which entitles the tug operator to a simple fee – and salvage activity to which the right to compensation under art. 491 of the Navigation Code follows (in addition to the right to damages and reimbursement of expenses incurred). The Court emphasizes that the discriminating factor is the existence of a perilous situation, to be considered present only where the vessel finds itself or could find itself in a situation of adversity such that it cannot extricate itself by its own means and from which it may be foreseen that, absent assistance, a casualty could occur.

The order aligns itself, furthermore, with the consolidated case law also of the Supreme Court, according to which, in addition to the existence of a perilous situation, there must also be proof that the tug operator has performed work exceeding mere towage. In the case at hand, the Court found neither the existence of a perilous situation nor the performance of activities exceeding towage. Also noteworthy are the observations regarding the temporary protection of maritime liens and the comparison of the interests at stake with respect to the risk of serious damage to the vessel.