03/01/2019 - ACHMEA BV v SLOWAKISCHE REPUBLIK (SLOVAK REPUBLIC)

The European Court of Justice (award C-284/16 of March 6, 2018) established that the arbitration clauses set in Bilateral Investment Treaties (BITs) are incompatible with EU law because of their adverse effect on the autonomy of EU law.

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12/04/2018 - “LA MAFIA SE SIENTA A LA MESA”: THE TRADEMARK IS INVALID BECAUSE IT CONTRASTS WITH EU VALUES

The award of March 15, 2018 of the General Court of the European Union dismisses the action brought by the Spanish company La Mafia Franchises SL against the European Union Intellectual Property Office (EUIPO) and the Italian Republic and confirms the EUIPO’s decision concerning the invalidity of the registration of the trademark “La Mafia se sienta a la mesa.”

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10/05/2018 - RIGHT OF THE COMMERCIAL AGENT TO AN INDEMNITY OR COMPENSATION FOR DAMAGE FOLLOWING TERMINATION OF THE COMMERCIAL AGENCY CONTRACT DURING THE TRIAL PERIOD

According to the European Court of Justice (ECJ), the right to indemnity and to compensation for damage, provided for by article 17 of Directive 86/653 to commercial agents, is applicable even if the termination of the contractual relationship between the principal and the commercial agent occurs during the trial period (April 19, 2018 (C-645/16)).

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11/01/2018 - ARBITRATION CLAUSE AND OPPOSITION TO AN ORDER FOR PAYMENT: RECENT CASE LAW

The Italian Supreme Court has confirmed (Order n.21550 of September 18, 2017) that the provision of an arbitration clause, conferring jurisdiction on an (domestic or international) arbitral tribunal to decide over disputes concerning the interpretation and application of an agreement, does not prevent the creditor from resorting to the Italian Court to obtain an order for payment against the debtor.

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