The consignee Base SpA (Base) sued Corvetta Agenzia Marittima Srl (CAM) as the agent of the New Spirit in the Tribunal of Ravenna, claiming compensation for short delivery. The contract of carriage was covered by a bill of lading signed on behalf of the master. Base assumed that the carrier corresponded to the shipowner but was not privy to its identity, and sued CAM as the shipowner's agent. CAM emphasised its role as the agent and that the carrier was Flli D'Amato SpA (FDA), the time charterer of the vessel. In February 2001, the Tribunal of Ravenna dismissed the claim, considering Base's action time-barred under art 3.6 of the Hague-Visby Rules. Base appealed the decision to the Court of Appeal of Bologna which upheld the claim in November 2005. FDA appealed in cassation, arguing that the original claim by Base did not include the identity of the parties addressed by the judgment of the Court of Appeal.

Held: The appeal in cassation is dismissed.

The Court considered it lawful to sue the agent, even if the claim was not immediately addressed to the shipowner or the charterer (ie the parties represented by the agent), as the claimant was unaware of their names. However, given that situation, their identities must emerge during the proceedings. Moreover, the claim must include the name of the ship in question.

Furthermore, the Court recalled the relevant jurisprudence, stressing that the institution of proceedings is invalid only when it is impossible to identify the subject on whose behalf the agent operated and not when this identification takes place during the proceedings and before the final judgment.

The Court noted the extension of the term to bring a claim against the shipowner and that it also applied to the time charterer.

In conclusion, the Court highlighted the principle of good faith of the parties to the dispute, as recognised by the Italian Constitution. Base considered in good faith that the shipowner was the carrier, as the bill of lading was signed on behalf of the master, and there was no mention in the bill of lading of a charterparty. For these reasons, Base was entitled to bring the claim against the time charterer.