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.

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.

• The criminal trial for the Norman Atlantic tragedy (Italian proceedings), will commence on May 6, 2019, at Bitonto, nearby Bari of Italy.
• The defendants against whom criminal charges have been brought are thirty two (32); amongst them are the owners of VISEMAR and ANEK, the captain, officers and crew members of the ship.
• The trial is expected to last for long, and to be continued on numerous hearing dates that will be scheduled by the Court.

The annual conference of the Pan European Organisation of Personal Injury Lawyers (PEOPIL) successfully took place in Paris between 6 and 9 September 2018.

Silina Pavlakis from Pavlakis – Moschos & Associates participated as a speaker at the conference with a presentation on “BEREAVEMENT DAMAGES” in Greece (available online in pdf format).

The Public Prosecutor in Bari has closed investigations, and is expected to soon request the set of the initial hearing. https://www.ilfattoquotidiano.it/2018/04/20/norman-atlantic-chiusa-linchiesta-sul-naufragio-32-indagati/4304917/

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.