Cooperation with the personal injury experts Irish lawyers MOLONEY & CO

Pavlakis – Moschos & Associates are pleased to announce the establishment of a close cooperation with the leading claimants’ law firm in Ireland MOLONEY & CO. SOLICITORS, for the purpose of offering expert legal services and protection to:

  • Irish tourists or business travelers who suffer accidents or get injured while visiting Greece
  • Greek tourists or business travelers who suffer accidents while in Ireland

Norman Atlantic – The Criminal Trial started on May 6, 2019

Norman Atlantic - 060519

The criminal trial concerning the tragic fire onboard the ro-ro NORMAN ATLANTIC in December 2014 started on 6 May 2019 at the Tribunale di Bari in Bitonto, Italy. Pavlakis – Moschos & Associates participates in this criminal trial on behalf of the victims represented by the firm.

In the course of the hearing, the Italian lawyers representing our clients, Avvocato Stefano Bertone and Avvocato Marco Bona, filed an oral and written application to the Judge to order the continuation of the detention of Norman Atlantic at the port of Bari (Istanza Sequestro  Probatorio M/N NORMAN ATLANTIC); the aim is to keep the ship in Bari port for eventual re-visiting and examination by technical experts, should it become necessary during the trials. The Bari Prosecutor supported our request, as did other lawyers of victims. A decision by the Judge is expected on this issue.

Norman Atlantic - Bitonto Court - 060519

The continuation of the procedure was set for May 21, 2019, when motions, objections and declarations by the defendants are expected to be raised.

Upon completion of these preliminary proceedings of the criminal trial, a Three-Member Criminal Court will enter into the substance of the criminal charges on a date to will be determined by the Court.

The civil proceedings, i.e. the trial concerning the compensation claim, filed by the 102 victims of the maritime incident who are represented by Pavlakis – Moschos & Associates Law Firm versus the NORMAN ATLANTIC  owners, managers, charterers, classification society and shipyard, is going through various stages and phases and is steadily proceeding at the Tribunale di Bari.

 The two trials, both criminal and civil, are proceeding in parallel, and our firm participates in both on behalf of our clients.

ΝORMAN ATLANTIC – The Battle Continues

20th February 2019: The trial civil on the claim filed by 102 surviving passengers and relatives of deceased passengers is developing. New issues have been raised by the defendants during the 20.2.2019 at the Bari Court. The Judge is now expected to issue an order/ intermediate decision deciding on the issues raised and fixing the new hearing date for the continuance of the trial.

The criminal trial will start in the Bari Court on 6 May 2019. Thirty two persons and entities are indicted, including high ranked management officers of the companies ANEK and VISEMAR, the master, certain officers and crew of the ship, accused for acts and omissions that caused the death of a number of passengers and subjected the surviving passengers to a horrible and traumatic experience, which resulted to psychological injuries that will never hea

NORMAN ATLANTIC: Updates on Civil Lawsuit & Criminal Proceedings

On February 20, 2019 will take place at the Court of Bari the next hearing of the civil lawsuit for the award of compensation to the survivor passengers and to the families of deceased or missing passengers of the vessel NORMAN ATLANTIC who are represented by our office. Given that the procedural issues that had been raised by various parties have now been resolved by the Court, it is expected that during the aforementioned hearing the Court will examine the substance of the case and the serious responsibilities and liabilities of the defendants.

Furthermore, with regards to the penal aspect of the case which is determined as far as the procedure is concerned by the Public Prosecutor and the Criminal Court of Bari, it has been announced that the criminal trial against the shipowners and the officers of the vessel NORMAN ATLANTIC will take place during this year. However, nohearingdateshavebeenfixedyet.

NORMAN ATLANTIC – Tribunale di Bari – July 11, 2018

The third hearing of the civil action of the NORMAN ATLANTIC maritime accident victims represented by our firm took place before the Bari Court of Italy on 11 July 2018. During this hearing, procedural and pre-litigation issues were again raised by various parties to the proceedings. The competent Judge, Carmela Romano, deemed that the resolution of these issues is necessary before the Court proceeds to examination of the substance of the case, i.e. the facts of fire on the ship, the causes and liabilities for the maritime tragedy, and the damage and losses suffered by the victims. An order / preliminary ruling is expected to be issued by the Judge shortly. The new hearing date before the Bari Court - which is expected to get into the substance of the case - will be determined by judicial order in a short time.

NORMAN ATLANTIC: Update Regarding the Judicial Proceedings in Italy

1. The Civil Procedures, regarding the compensation claims that have been filed on behalf of the survivors and families of deceased passengers who are being represented by our law firm: On 4 April 2018 the parties to the dispute appeared for the second time – the first being on 27 September 2017 – before the Tribunal of Bari, Italy, where the civil claims for compensation are pending. The Court is still at the stage where procedural, necessary issues are being examined. The next hearing has been fixed for 11 July 2018, during which it is possible that the Judge will enter into the substance of the case, including the factual circumstances, the causes for the tragedy, the responsible parties and the liabilities involved.

2. The Criminal Procedure: Extensive evidence material, information, data, indications etc. have been gathered and examined. The pre-judicial investigation by the technical experts appointed by the Judge in Bari (GIP) has been completed. Technical reports have been issued by the GIP, the competent Italian Port Authorities, the experts appointed by the Public Prosecutor in Bari, the special committee instructed by the competent Italian ministry. It is now expected that the Prosecutor in Bari will soon pronounce and file charges against specific accused persons for the tragic maritime incident. The date of commencement of the criminal trial in Bari Courts has not yet been fixed.

TRUCK CARTEL: EUROPEAN COMMISSION DG COMPETITION – CASE AT. 39824

In July 2016, the European Commission condemned manufacturing truck companies that occupy 90% of the European market, for participation in a cartel and harmonized practices aiming, among others, at price-fixing of trucks. The companies involved are MAN, DAIMLER, IVECO, DAF, VOLVO/RENAULT, which admitted their guilt and cooperated with the Competition Commission, in order to obtain a 10% decrease of the fine, which was eventually set at 2,9 billion euro. SCANIA denied participation at the cartel. The Commission continued the investigation and concluded, in its decision dated September 27, 2017, in the condemnation of SCANIA, imposing a fine of 880 million euros.

According to the decision, the cartel operated from January 17, 1997 until January 18, 2011, that is, for 14 years.

It concerned trucks of 6-16 tons of weight (medium trucks) and “heavy-duty” trucks over 16 tons.

Those who bought or leased such trucks during the period from 1997 to 2011 have most probably been damaged due to the cartel, since they paid a higher price than what they would have paid if competition conditions applied in the market; it is probable that those people and companies are entitled to compensation from the manufacturing companies, provided that the existence and the extent of such damage is fully proven.

Our office, in cooperation with lawyers in other European countries who already handle claims of truck owners, is actively involved in this case, planning a pan-European claim for damages.