International Recent Developments: European Union–Maritime Passenger Transport

Massimilano Piras | International Recent Developments

As a result of common policy concerns in the field of transportation, broad legislation covering the maritime transportation of passengers will soon come into force in the European Union. Through Council Regulation 392/2009 of April 23, 2009, and Council Regulation 1177/2010 of November 24, 2010, the European Union enacted new laws covering liability for damages to passengers carried by sea (and inland waterways), their luggage (including cars), and their rights as passengers during the performance of the contract of carriage. Both regulations were inspired by the will to protect the passenger, who is considered the weaker party in a contract of carriage. Thus, the European Union aims to provide passengers the same protection accorded to consumers in the internal market. Uniformity in the law also guarantees fair competition between European carriers, following the deregulation and liberalization of transport services, including cabotage, for ships registered in and flying the flag of a Member State, effected by Council Regulation 3577/92 of December 7, 1992.