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    NORMAN ATLANTIC: Filing of Criminal Complaints with the Piraeus and Bari Public Prosecution Offices

    Criminal complaints have been filed before the competent Public Prosecutors of Piraeus and of Bari, Italy, on behalf of rescued passengers and the families of missing passengers whom we are representing requesting criminal charges to be brought against the master and the first officer of the ship NORMAN ATLANTIC, as well as against the legal representatives and members the board of directors of the Italian shipping company VISEMAR DI NAVIGAZIONE SRL and the Consortium ANEK – SUPERFAST ENDEKA HELLAS INC. & Co. and against any other person that might be found responsible for the fire on board NORMAN ATLANTIC. The victims of the maritime disaster accuse the aforementioned persons as liable for breach of fundamental national, european and international regulations set for the safety of ships and passengers, including fire detection and extinguishing systems and equipment, fire safety measures, lifesaving equipment and procedures, crew training and capacity etc..

    The technical investigation on the causes and circumstances of the accident has not yet started in Bari. The aft port of the ship has not yet been opened and entry is still not allowed to technical experts. There is no valid and verified information on passenger vehicles yet, neither for those that have most certainly been burnt and completely destroyed, nor for those located in the lower garages of the vessel, which, according to unofficial and unverified information, may not be a total loss. Unfortunately there are no further news in relation to the missing passengers. So far only two corpses have been recovered from the ship; the necessary tests are being conducted in hope that a positive identification is achieved, but still there are no results. We are monitoring this issue very closely.

    March 27, 2015/by Ioannis Pavlakis
    News

    Revisiting Rome II: National Developments – Seminar of British Institute of International and Comparative Law

    Silina Pavlakis participated as a speaker in the seminar of the British Institute of International and Comparative Law on Rome II Regulation, held in London on March 24, 2015. In this seminar, distinguished practitioners and academics from the UK and abroad gave an update on the application of the Regulation in different national courts and considered practical problems with its application and assessed the use of foreign law under Rome II. The seminar was sponsored by Legal Abroad©, a network of European Law Firms specializing in plaintiff cross-border personal injury litigation, to which Pavlakis – Moschos & Associates is a founding member.

     The presentation of Silina Pavlakis entitled “Rome II & International Conventions: A Case Study” is available on line in pdf and power point presentation formats.

    March 25, 2015/by Ioannis Pavlakis
    News

    NORMAN ATLANTIC: Investigation by the European Comission on compliance with European Safety Legislation

    In response to a parliamentary question submitted on 20/01/2015 by the independent MEP Professor Notis Marias and eleven Italians MEPs asking the Commission to investigate the circumstances of the fire tragedy of Norman Atlantic on December 29, 2014 as well as whether the vessel complied with the respective EU safety legislation [E-000687-15], Commissioner Violeta Bulc on 03/10/2015 replied:

    “1. A safety investigation of the incident is ongoing. It is too early to conclude how the incident occurred or to what extent the minor deficiencies identified during the port state control inspection in Patras were relevant, as they were not considered to be serious enough to prevent the vessel departing the port. An interim investigation report should be published within 12 months from the incident. The periodic assessments the Commission carries out with the help of EMSA’s fact finding inspections have not revealed any systemic problems with the recognised organisation (RO) undertaking statutory and class tasks for this ship. Italy, as flag State, has to take the measures it deems appropriate to ensure that the ship in question complies with the applicable international rules and regulations. This also implies monitoring/reporting obligation of their authorised EU ROs, which is now subject to pre-infringement proceedings. Italy underwent an IMO audit in 2007, and its maritime authorities currently hold a valid quality management certificate.

    2. EMSA contributes to reducing the risk of maritime accidents. The Agency carries out visits to Member States helping the Commission to assess the effective implementation of relevant Union law. There are no plans currently to give the agency more control powers with respect to inspection procedures.

    3. The Commission and EMSA are at the disposal of the competent authorities for any assistance. Lessons from this accident need to be taken into account to improve passenger ship safety regulations both at EU and international level. The Commission is currently undertaking a Fitness Check of the EU legislation on passenger ship safety to assess if the current legislative framework is fit for purpose.”

    March 10, 2015/by Ioannis Pavlakis
    News

    Award of 2,5 million dollars as damages in Philadelphia for side effects of the antipsychotic drug Risperdal

    A Philadelphia jury decided Johnson & Johnson must pay $2.5 million in damages for failing to warn that its Risperdal antipsychotic) could cause abnormal development of breasts in males (gynecomastia). The lawsuit was brought by the family of an autistic boy who took the drug in 2002 and later developed size 46 DD breasts. A handful of other similar cases have been settled. J&J paid $2.2 billion two years ago to resolve criminal and civil allegations of illegally marketing Risperdal to children and the elderly.

    http://blogs.wsj.com/pharmalot/2015/02/24/johnson-johnson-loses-trial-over-risperdal-and-male-breasts/

    March 5, 2015/by Ioannis Pavlakis

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    Pavlakis – Moschos
    Law Firm
    Filonos 66 & Merarchias Str.
    Piraeus 185 35
    Greece

    Tel: +30 210 4180700
    Fax: +30 210 4180770

    e-mail:
    lawoffice@pavlakis-moschos.gr

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