News Αρχεία - Παυλάκης - Μόσχος & Συνεργάτες

Today 18/2/2022 a fire broke out onboard the Italian flagged ro-ro EUROFERRY OLYMPIA while sailing from Igoumenitsa to Brindisi. Its 237 reported passengers and 5q crew are said to have all safely abandoned the ship in life boats. The fire is reported to have started in one of the vehicles’ garages of the ferry.

We truly hope that all passengers and crew are safe and healthy, which is the most important at the moment.

In December 2014 there was a very similar maritime tragedy, when the ro-ro NORMAN ATLANTIC caught fire on the same line, with, unfortunately many fatalities and injured passengers. Our law firm, in collaboration with expert Italian lawyers, have successfully represented more than 150 passengers and victims of that incident, in Italian and Greek jurisdictions, in their actions for compensation for their material damages and personal injury and death claims.

Α few months after later the identical sistership ro-ro SORRENTO caught fire in the Mediterranean, which resulted to the vessel’s total loss, but fortunately the passengers were rescued.

These and other repeated massive and uncontrollable fires onboard ro-ro ships indicate clearly that this type or passengers-vehicles ferries is very vulnerable to fires in vehicles garages and that they have design and constructions characteristics which do not allow containment of the fires by the ships’ own means, as they should do according to the regulations.

February 18, 2022/by Ioannis Pavlakis

News

NORMAN ATLANTIC: CONVICTION OF ANEK DIRECTORS & NORMAN ATLANTIC OFFICERS – DECISION OF FIRST INSTANCE THREE MEMBER PENAL COURT OF PIRAEUS

The First Instance Three Member Court of Piraeus has today issued its decision in the criminal trial for the NORMAN ATLANTIC fire.

The indicted persons were G.K., I.V. (both ANEK legal representatives and officials), P.F. (the Greek Supercargo officer), L.C. (the Chief Purser), D.S. (the Greek assistant electrician), P.S. (the Greek bosun), and five (5) lower lashing Greek crewmembers.

The crimes for which they were indicted were:

(a) manslaughter by negligence,

(b) causing of fire that resulted to danger to persons and things, and

The Court convicted G.K., I.V., P.F., L.C. and P.S., and imposed the following sentences after evaluating all factors, including alleviating instances, merging and conjunction of several sentences that co-exist etc.:

G.K. and I.V. were condemned to a final total sentence of sixteen (16) years of imprisonment each, for all crimes;
P.F. was condemned to fourteen (14) years of imprisonment for all crimes;
L.C. was condemned to six (6) years of imprisonment for the crime of manslaughter for letting the door to the garage unattended; and
P.S. was condemned to five (5) years and two (2) months of imprisonment for illegal lashing and vehicles’ stowing.

All of the above sentences are however ex lege reduced to five (5) years, which is, after the latest amendment of the Greek Penal Code, the maximum length of sentence that a person may serve for crimes based on negligence.

The five lower lashing crew members were acquitted, on the basis that they were in fact merely executing orders.

The above condemned persons are expected to file an appeal, as a result of which their sentences will be suspended.

January 27, 2021/by Ioannis Pavlakis

News

Extension of Validity of Residence Permits & Blue Certificates due to Coronavirus

Pursuant to Ministerial Decision No. 14119/2020 of the Minister for Migration and Asylum (FEK 1654/B/04-05-2020), residence permits and blue certificates that have already expired during 2020 (and could be legally renewed) or will expire by 30/06/2020, may be renewed at any time until 31/12/2020; their validity is automatically (ex officio) extended until the date of submission of the application for renewal, i.e. the validity of residence permits and of blue certificates is automatically extended until 31/12/2020 the latest.

Specifically, according to the aforementioned Ministerial Decision:

Residence permits, issued pursuant to Law 4251/2014 and to Presidential Decree 106/2007 respectively, which expired during the period between 01 December 2019 and 11 March 2020 and were to be renewed in accordance with the provisions of Law 4251/2014 and of Presidential Decree 106/2007, and residence permits that expire(d) during the period between 12 March 2020 and 30 June 2020, may be renewed by 31 December 2020.
The certificates (“blue attestations / blue certificates”) issued in accordance with articles 8 and 9 of Law 4251/2014 and the specific attestations of legal residence referred to article 25 of Law 4251/2014, which expired prior to 12 March and which were to be renewed in accordance with relevant provisions, and those expiring during the period between 13 March 2020 and 30 June 2020, may be renewed by 31 December 2020.
For the time period between the expiry of the above legal titles of residence and the date of submission of application for their renewal, the respective legal titles are considered to be ex officio extended.
Third-country nationals holders of a national VISA (type D VISA) who are under the obligation, during the period between 12 March 2020 and 15 May 2020, to submit an application for the award of an initial residence permit, are entitled to submit the relevant application no later than 30 September 2020.

Pursuant to Joint Ministerial Decision of the Minister of Interior, the Minister of Health and the Minister for Migration and Asylum No 3332/7.4.2020 (FEK 1297/B/10-04-2020), the operation of services requiring the reception of public in all units of aliens and immigration has been suspended until 15 May 2020, i.e. no applications for the award of an initial residence permit, for the renewal of a residence permit or for the renewal of a blue certificate can be submitted until 15 May 2020.

May 5, 2020/by Ioannis Pavlakis