Every year, in the month of October, the famous Barcolana regatta takes place in the city of Trieste, attracting thousands of sailing boats to the Adriatic Sea and transforming the Gulf of Trieste into a natural theatre of sport and show.

The beauty and adrenaline of one of the most crowded regattas in the world offer an opportunity to address a highly relevant issue for those who regularly participate in sailing competitions: the legal framework governing civil liability in the event of collisions or damage between racing sailing boats.

The subject, both complex and fascinating, represents an intersection between yachting law, sporting regulations and general principles of civil liability.

The Italian Pleasure Navigation Code (Legislative Decree No. 171/2005) devotes particular attention to sporting events at sea, requiring, pursuant to Article 30, compliance with the regulations of the national and international sports federations organizing the event. The previous Law of 11 February 1971, No. 50 (“Rules on Pleasure Navigation”), which formerly regulated the subject, already provided that in sailing competitions the regulations of the Lega Navale Italiana, the Federazione Italiana Vela (FIV), the Federazione Italiana Motonautica and nautical clubs affiliated to the said federations had to be observed, thus recognizing the specificity of the subject and referring to the sporting rules of each individual discipline.

In the field of sailing competitions, in order to participate in a regatta, any boat should complete registration through specific forms binding each competitor to the observance of the Racing Rules of Sailing (R.R.S.) adopted by the Italian Sailing Federation (FIV), which gives effect to and applies the international Racing Rules of Sailing promulgated by World Sailing (formerly known as the International Sailing Federation – I.S.A.F.) headquartered in the United Kingdom (https://www.sailing.org). This is the international governing body for most sailing sports, particularly racing, which issues new editions of the Racing Rules of Sailing every Olympic quadrennium (the current version applies to 2025–2028).

These rules constitute a genuine “micro legal code” of sport, to which competitors adhere contractually through registration (thus entering into the so-called “race contract”). Consequently, they become the exclusive set of norms governing the relationships between competitors during the race and delineate, solely and exclusively, the scope of fault and liability in case of collision.

This means that, in the event of a collision between yachts engaged in a sailing race, the determination of liability must be carried out solely by applying and interpreting the aforementioned Racing Rules, excluding, as a general rule, the application of the provisions on liability for collision contained in Articles 482 et seq. of the Italian Navigation Code, the 1910 Brussels Collision Convention (upon which the Italian Navigation Code is based), and the International Regulations for Preventing Collisions at Sea (COLREG 72 – London Convention of 1972), which govern commercial or pleasure navigation but not competitive sailing events.

The fact that the Racing Rules govern the conduct of sailors during a regatta does not exclude the jurisdiction of the ordinary civil courts in favour of sports jurisdiction.
Indeed, should disputes arise between the competing yacht owners and/or their respective insurers concerning liability for a collision occurring during a regatta, jurisdiction over the ensuing litigation shall lie with the ordinary civil court.
Such court shall take into account the findings already established in the sporting venue regarding the responsibility for the collision (namely, the decision of the Protest Committee) or, in the absence thereof, shall interpret the facts in light of the Racing Rules of Sailing in force at the time of the incident.

Italian courts, when dealing with cases concerning collisions between yachts competing in regattas, have consistently held that:

In such sporting events and related training sessions, if a collision occurs, the resulting liability must be determined, even by the judicial authority, on the basis of the Racing Rules of Sailing in force at that time.” (Chiavari District Court, 25 March 2004).

This principle was recently reaffirmed by the Trieste District Court in Judgment No. 454/2023, where the judge, called upon to assess liability in a collision occurring during the renowned Barcolana regatta, unequivocally held that:

“In the event of an accident between boats participating in a regatta, the general principles of civil liability set forth in Article 2054 of the Civil Code must be coordinated with the Racing Rules and the decisions issued by the Sports Jury. The general principle is that, in the case of a collision, the determination of the facts lies, for sporting purposes, with the race jury, while for compensation purposes it lies with the ordinary civil court, but it must nevertheless be carried out on the basis of the Racing Rules. In the present case, no protest was lodged; therefore, the sports committee did not rule on the dynamics of the collision, which the civil judge must reconstruct based on the evidence gathered.”

In accordance with the aforementioned R.R.S., when a breach of a racing rule occurs by a competitor, the opposing crew alleging such breach is required to lodge a formal “protest”, which shall be examined by the Protest Committee or Sports Jury. After due investigation and any hearings, the Committee shall issue a decision on whether a rule was infringed and, if so, impose the relevant penalties. Such decision shall constitute conclusive evidence in civil proceedings with regard to the circumstances and liability of the incident, and shall be binding upon the yacht found to be at fault and its insurers, whereas the assessment and quantification of damages shall remain within the exclusive jurisdiction of the civil court.

It should also be noted that, regarding the interpretation of the R.R.S., World Sailing, and in Italy the F.I.V., publish every four years the “Case Book”, which includes the full revision of all previously published cases and new ones adopted by the World Sailing Council, to illustrate as clearly as possible the application of the Racing Rules in the most controversial circumstances. Many of these cases are based on actual appeals submitted to national authorities pursuant to Rule 70.1 or requests for confirmation or correction submitted under Rule 70.2. Others, presented in a “question and answer” format, are based on hypothetical or presumed situations and often arise from queries submitted to the World Sailing Question and Answer Panel. This resource is undoubtedly valuable for judges, arbitrators, and race officials—both national and international—in determining rule infringements and in defending crews involved in formal protests. Moreover, as previously noted, it may also serve as a valuable reference for judges and court-appointed experts when called upon to determine liability for a collision in the absence of any sporting adjudication, by applying the relevant Racing Rules of Sailing.

This brief and certainly non-exhaustive analysis highlights how sailing regattas provide an extraordinary context for reflecting on the delicate balance between sporting competition and legal liability, where the interpreter must always reconcile the autonomy of the sporting legal order with the principles of civil law and maritime law, taking into account the inherent risks accepted in competitive sailing.

 

If you have suffered damage to your yacht or personal injury during a sailing regatta or wish to better protect yourself in the event of a maritime incident or when registering for a sailing competition, please contact the Firm to discuss your case.

 

Studio Legale Capece Minutolo
Avv. Gianmarco Capece Minutolo

The yacht storage agreement represents one of the most common contractual arrangements in the pleasure boating industry. Although it may appear to be a simple contractual form, it often conceals significant legal pitfalls that are frequently underestimated, potentially giving rise to liability and substantial litigation. Accurate management of the agreement and its related guarantees is essential to protect both the yacht owner and the shipyard.

From a legal standpoint, yacht storage in Italy is considered an atypical contract, under which the shipyard undertakes the primary obligation to custody and safeguard the vessel (usually during the winter lay-up period) and to return it in the same condition as when it was delivered. The contract is concluded by delivery of the vessel to the shipyard and, although no written agreement is strictly required, it is strongly advisable to execute one in order to avoid disputes.

In addition to the main obligation of custody, several ancillary services are commonly provided, such as hauling, launching, washing of topsides, hull cleaning, application of antifouling paint, routine engine maintenance or other technical assistance. The primary liability of the storage provider is the custody in accordance with professional diligence, which entails the obligation to adopt all necessary measures to prevent theft, fire, damage or deterioration. Failure to provide adequate supervision, the absence of security systems or the lack of documentary evidence of the preventive measures adopted may, in the event of damage to the vessel, result in civil and compensatory liability for the shipyard.

For this reason, one of the most relevant aspects of a storage agreement concerns insurance coverage, both for the yacht and for the shipyard. Many yacht owners protect themselves through “Hull and Machinery” insurance cover; however, these insurances do not always automatically extend the coverage to periods when the yacht is stored ashore. It is therefore essential to verify that the insurance covers not only navigation and mooring risks but also those arising from dry storage, hauling and launching operations, handling and possible land transport. An express clause extending coverage to such risks constitutes an essential safeguard for the yacht owner.

From the perspective of the shipyard or storage facility, the most important coverage is the Third-Party Liability Insurance (TPL) policy with extension to property under care, custody and control. This coverage protects against material damage to goods entrusted to the shipyard and represents an indispensable tool of protection for both the operator and its clients. The policy should include the main risk eventsfire, explosion, theft, weather damage, vandalism and handling accidents — and should provide adequate limits of indemnity consistent with the value of the vessels stored with specific sub-limits for hauling and launching operations.

The most frequent types of claims and disputes in yacht storage practice include:
fires or explosions within the storage area causing damage to multiple vessels;
partial or total theft (of accessories, outboard engines, electronic equipment, or entire units), often due to insufficient surveillance or inadequate security systems;
    structural damages during hauling or launching caused by handling errors or defective supports;
water infiltrations or deteriorations resulting from improper storage;
  meteorological damages (hail, tornadoes, flooding), where liability is often contested among owner, operator and insurer.

To prevent such situations, rigorous documentation management is essential. Each delivery and return of the vessel should be accompanied by a delivery and return report (check-in/check-out), photographs documenting the condition of the yacht and up-to-date copies of the insurance policies. These documents can be decisive in the event of a claim or dispute.

From the shipyard’s standpoint, it is worth recalling the right of retention pursuant to article 2756 of the Italian Civil Code, which entitles the depositary or service provider to retain the vessel until full payment of the storage or maintenance fees. This right constitutes an important means of securing credit but it must be exercised in accordance with the principles of proportionality and good faith, avoiding any abuse that could give rise to further disputes.

In summary, yacht storage is not merely a service provision but involving a complex asset such as a yacht — with a significantly economic and sentimental values — it requires careful legal, technical and insurance management. Drafting the storage agreement must be tailored to the characteristics of the shipyard, the type of custody and the value of the vessels in order to prevent conflicts and ensure safety and operational continuity for both parties.

 

 

If you require legal assistance in drafting or reviewing your yacht storage agreement or support in the event of a marine claims, please contact our firm for tailored legal advice and discover how to protect your vessel and your nautical business with effective legal and insurance instruments.

 

Studio Legale Capece Minutolo
Avv. Gianmarco Capece Minutolo

In the world of yachting and recreational boating, the mooring contract is one of the most widely used agreements. However, it is often underestimated, despite its significant legal implications for both yacht owners and marina operators.

Although the mooring agreement is not expressly regulated under the Italian Civil Code, the Code of Navigation, or the Code of Recreational Boating, case law qualifies it as an atypical contract. Its essential structure involves the assignment of a defined water area within the marina and access to port facilities. This may also include ancillary services such as custody of the yacht, safekeeping of onboard equipment, and even winter storage (Italian Supreme Court, Joint Civil Sections, no. 8224/2007).

What Is a Mooring Contract in Yachting?

A mooring contract governs the relationship between the yacht owner and the marina operator. At its core, it concerns the right to berth a vessel in a designated space. Yet, depending on the clauses and services offered, it can also imply wider obligations relating to custody, insurance, and liability.

When Is the Marina Liable for Yacht Theft or Damage?

The central legal issue is whether the marina assumes a duty of custody over the vessel.

According to the Italian Supreme Court (Civil Section III, no. 6839/2024), if no explicit or implicit obligation of custody exists, the operator is not liable for theft of the moored yacht. However, where the marina provides security staff, CCTV surveillance, or insurance coverage, an ancillary obligation of custody may arise. In such cases, the marina must exercise due diligence under Article 1768 of the Civil Code.

In disputes, the burden of proof lies with the yacht owner who alleges liability. The Court of Ancona (judgment no. 482/2024) confirmed that liability cannot be presumed: the claimant must prove the existence of a contractual duty and its breach.

Common Disputes in Mooring Agreements

Conflicts between yacht owners and marina operators frequently involve:

• theft of the yacht;

• theft of onboard equipment or valuables;

• damage caused by storms or adverse weather;

• breakage of mooring bollards, pontoons, or port infrastructure.

Each case depends on various factors: the clarity of contractual clauses, the existence of a valid yacht insurance policy, and the conduct of both parties before and after the incident. No universal rule applies—each dispute requires an individual legal assessment.

How to Protect Your Rights under Maritime Law

In a high-value sector such as yachting law, acting promptly and strategically is essential. Signing a mooring contract without fully understanding its implications may expose both yacht owners and marina operators to significant risks.

Effective dispute management requires specialised knowledge of maritime law, insurance disputes, and international case law. Professional legal assistance can make the difference between liability and protection.

Legal Assistance in Marina Liability Cases

If you have suffered yacht theft, damage at berth, or received a claim from a marina, you should seek immediate legal advice. Our law firm provides tailored strategies to protect your interests in Italy and internationally.

 

 

If you need legal advice on mooring contracts, marina liability or yacht insurance disputes, contact us today. We assist yacht owners and operators worldwide.

 

Studio Legale Capece Minutolo
Avv. Gianmarco Capece Minutolo