Anchor Assets Ltd (AA) bought the Ferretti 53 from Leisurecraft Asia Inc (LA). The ship was to be carried from Genoa to Hong Kong. During the loading operations onto the Ever Given, the Ferretti 53 fell because of defective lashing, resulting in its damage. Cigisped Srl (Cigisped) was designated by Ferretti SpA and LA to arrange the shipment. Cigisped in turn entrusted VTE-Voltri Terminal Europa SpA (VTE) with the performance of loading. VTE commissioned Compagnia Unica Soc Coop arl for lashing operations and loading. Gastaldi International Srl (GI), acting as the agent of LA, sued Italmar Srl (Italmar), as the agent of the carrier Italia Marittima SpA (IM), former Lloyd Triestino, in the Tribunal of Genoa.

In May 2008, the Tribunal of Genoa ordered compensation by Italmar in favour of GI. IM appealed to the Court of Appeal of Genoa.

Held: The appeal is dismissed.

The Court stated that if cargo damage occurs during loading operations, and this damage resulted from the negligence of the company that was in charge of the lashing, designated by the company with the duty of loading, the carrier must be repaid by the loading company, which in turn is entitled to seek compensation from the company in charge of lashing.

Moreover, the Hague-Visby Rules apply where damage to goods under the contract of carriage occurred during loading operations, even if the bill of lading had not already been issued.

The Court recalled Zust Ambrosetti SpA v Ferraro & Ferraro (CMI2026), establishing the application of the Hague-Visby Rules in those cases where it was not 'materially' possible to issue the bill of lading, as the cargo damage occurred before the carrier produced the bill of lading itself.