This interpretation arises from the nature of the contractual relationship between the catering company and the shipowner, within which a form of organic identification is recognised. As a result, the procurement activity is performed directly by the entity entrusted with the overall provision of the catering service. Consequently, there is no actual transfer of provisions in favour of the shipowner, since the catering company independently procures the goods necessary to fulfil the obligations undertaken under the agreement59. On the basis of this interpretative premise, Italian legal scholarship60 has developed a dual classification of the contractual scenario. Specifically, where the procurement of raw materials is deemed functionally subordinate and instrumental to the subsequent catering activity, the legal framework applicable is that of a service contract (contratto di appalto di servizi) pursuant to Article 1655 of the Italian Civil Code. Conversely, in cases where the procurement phase may be considered functionally autonomous and not merely ancillary to the catering service, the arrangement is to be classified as an atypical mixed contract. Under such a configuration, the supply of goods would be subject by analogy to the rules governing supply contracts (contratto di somministrazione) as set forth in Article 1559 of the Civil Code, while the catering phase would remain governed by the provisions applicable to service contracts. The legal basis for carrying out commercial and/or food and beverage service activities on board vessels is set forth in Legislative Decree No. 160 of 22 November 2020, which amended Legislative Decree No. 171/2005 — the Italian Navigation Code. This reform revised the classification of recreational craft, providing under Article 2, paragraph 1, letter c-quater, that such vessels are to be considered as used for commercial purposes when: “c-quater) they are used, in compliance with applicable European, national, and regional regulations, for the itinerant provision of food and beverage services and for retail trade activities”61. It is therefore possible and legitimate to carry out catering and sales on boats, provided that compliance with EU Regulation 852/2004, as amended by EU Regulation 2021/382, is maintained, and subject 59 Pittalis, Catering, cit. 303. 60 Pittalis, Catering, cit., 303 and Benelli I contratti di ristorazione e catering, cit. 186 61 The commercial use of pleasure boats and yachts is recorded in the Central Electronic Archive of Pleasure Units (ATCN), indicating the activities carried out and the owners or operators of the units, whether individual enterprises or companies, conducting the aforementioned commercial activities, along with the details of their registration in the business register of the competent chamber of commerce, industry, crafts, and agriculture. The details of the annotation are reported on the navigation license. 54 VINCENZO FRANCESCHELLI | SARA D´URSO | ALESSANDRA CORRADO
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