Applicable Law to the Set-offs of the Claims in European Union Insolvency Proceedings
The transnational insolvency proceedings often bring to the forefront the complex issue of the setoffs: a legal rule allowing the parties, …
Who’s Who Rankings 2024
Claudio Cocuzza and Alessandro Barzaghi have been acknowledged once again by Who’s Who Legal among the Italian Recommended Professionals in the …
Does inaction or delay in enforcing a right mean that the holder has waived that same right?
Is the German principle of “Verwirkung” applicable in Italian law? In a recent Supreme Court decision concerning lease agreements, the Italian judges addressed the issue of inactivity in enforcing a right and clarified to what extent the delay in enforcing a right may give rise to a reasonable expectation on the other party that the right has been waived by its holder and, therefore, whether there could be a breach of the “good faith” clause if the right is enforced with delay by its holder.
Many ways to terminate a contract under Italian law: how not to get lost in translation
Commercial contracts normally include clauses which grant to one or both parties the right to stop the contractual relation, at certain conditions. But terminology may vary from a legal system to another.
The EU takes an important step toward sustainability: the Ecodesign Regulation is finally approved
The European Council has definitively adopted on May 27, 2024 the Ecodesign for Sustainable Products Regulation (ESPR), establishing requirements for sustainability-oriented product design which replaces the current 2009 eco-design directive, extending the requirements beyond energy related products and icluding crucial sectors such as fashion and textiles.
Buying property in Italy: irregularities affecting the validity of the agreement
Facciamo il punto sulla disciplina delle locazioni transitorie ad uso abitativo e commerciale e sui requisiti per stipulare un valido contratto anche alla luce delle recenti pronunce della Suprema Corte di Cassazione.
Liquidated damages clauses: are they effective under Italian law?
In case of breach of contractual obligations, the party in breach is normally required to pay to the other party damages, i.e. an amount of money as compensation for the loss generated by non-performance or delay. Contracts often include liquidated damages clauses, which establish in advance the amount of damages to be paid. However, the effects of such clauses can vary significantly depending on the jurisdiction and it is essential to consider all legal implications when drafting a contract.
Recent decisions of the Italian Data Protection Authority regarding data breach: fines to UniCredit
In two decisions dated 8 February 2024, related to the same data breach occurred in 2018, the Italian Data Protection Authorithy imposed a fine of Eur 2.8 million on Unicredit, the data controller, and a fine of Eur 800,000 on NTT Data, the data processor, a company to which the bank had outsourced the performance of testing on the security measures.
International Private Law. Are judgements in matter of succession enforceable in the UK?
On 18 August 2023, the English High Court of Justice issued a groundbreaking judgement (Del Curto v. Del Curto). The (previous) certainties about the impossibility of enforcing in the United Kingdom the rights of legitimate heirs according to a foreign legal system, like Italy, are now compromised.
The Russian roulette clause, an alternative way to resolve corporate conflicts (without shooting)
The Russian roulette clause has recently come to the forefront of the Italian news and has thus become known to the public, but its popularity is becoming exponential due to its ability to resolve societal conflicts in a peaceful manner. Let’s take a look at how this clause works and why it would be a good idea for companies to participate in this dangerous game.