Maritime drones and autonomous ships
Ordinance n°2021-1330 relating to the navigation conditions of autonomous ships and maritime drones, of 13 October 2021, adapted the definition of the ship in order to take into account the use of autonomous ships and created a new category of floating crafts, distinct from ships, maritime drones.
Customs and respect for the rights of the defence
The Supreme Court rules that the court of appeal does not give a legal basis to its decision by rendering it without investigating whether the parties had been able to usefully put forward their observations prior to the notification of the customs offenses which were attributed to them (Supreme Court, 23 June 2021, n°19-10019, 19-14472)
Commercial agent status
It is not necessary to have the ability to amend the conditions of the contracts concluded by the principal to be a commercial agent (Supreme Court, 12 May 2021, n°19-17042)
“Update: Port, Yacht & Travel Restrictions” webinar on 19 May 2021
Jean-Philippe MASLIN speaks at the webinar "Update: Port, Yacht & Travel Restrictions" on 19 May 2021.
Liability of the cruise operator
In order to declare the cruise operator liable for the damage suffered by a passenger, after having ruled out any fault attributable to the latter linked to the fact of having turned over in his bed and having fallen from it, the Court of Appeal of Aix-en-Provence maintains that his behavior cannot be described as unpredictable or insurmountable, a fall being always possible, especially since the passenger had just taken possession of his cabin, was sleeping in this bed for the first time and that the bedside table, close to the bed and at head height, had angular edges. The Supreme
Customs – Criminal liability
The holder of the goods, deemed liable for fraud, can only counter this presumption provided for in article 392 of the Customs Code by providing proof of the diligence carried out to ensure the nature of the goods carried in order to establish good fait (Supreme Court, 17 Febr. 2021, n°20-81282)
Road haulage – General standard contract
The existence of a written agreement does not exclude the application of the general standard contract since, where the agreement is silent on matters mentioned in Article L1432-4 of the Code of Transports, the clause of the standard contract shall be applied in suppletive form (Supreme Court, 9 December 2020, n°19-20875)
Guarantee of latent defects
The intermediary seller condemned to guarantee the consequences of the product affected by a latent defect can exercise a recourse action against the manufacturer amounting to the damages. The manufacturer can invoke grounds to limit its guarantee (Supreme Court, 6 January 2021, n°19-18588)
The impact of Brexit on the customs treatment of commercial vessels and yachts – E Workshop – 14 January 2021
Jean-Philippe MASLIN speaks at the e-workshop "The impact of Brexit on the customs treatment of commercial vessels and yachts" on 14 January 2021, organized by YoungShip France.
Brexit impact on superyacht ownership – EU and UK considerations – Webinar – 13 January 2021
Jean-Philippe MASLIN speaks at the webinar "Brexit impact on superyacht ownership - EU and UK considerations" on 13 January 2021, organized by Equiom Group.
