ARTICLE · 12 OCTOBER 2012

Container Detention Charges In Italian Case-Law

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Many contracts in the shipping industry provide free use for a certain period of the container, and provide for increasing daily charges after such a free time.

ItalyTransport

Claudio Perrella

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Many contracts in the shipping industry provide free use for a certain period of the container, and provide for increasing daily charges after such a free time.

The shipping line usually specifies a number of free days after which the container must be returned clean and empty to the terminal or the depot.

Arguments frequently brought before the Courts are that daily costs for renting containers from a third party are generally far less than the daily detention fee charged by shipowners, and it is frequently alleged that no binding agreement has been reached as regards the daily charges applied by the line.

Italy is no exception, and there have been over the last 20 years quite a few proceedings where owners have sought the recovery of container detentions.

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