03/08/2017 - THE EUROPEAN COMMISSION HAS PUBLISHED THE FINAL FINDINGS OF ITS INQUIRY ON E-COMMERCE AND COMPETITION LAW

On May 6, 2015 the European Commission launched an inquiry on the e-commerce sector with the aim of identifying business practices that may restrict competition. The Commission definitive findings have been published in a final report last May 10, 2017.

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01/06/2017 - NEW DRAFT FRANCHISE LAW FOR THE NETHERLANDS

On April 12, 2017 the Minister of Economic Affairs of The Netherlands has released the draft of the new franchise law (the “Draft Law”).

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06/07/2017 - THE ITALIAN SUPREME COURT ADMITS ARBITRATION FOR THE SETTLEMENT OF COMMERCIAL LEASE DISPUTES

According to the Italian Supreme Court (Ordinanza n. 1486/2017), the parties to a commercial lease can resort to arbitration to settle any disputes in relation to the interpretation and execution of the lease, including disputes concerning the rent.

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27/04/2017 - PRELIMINARY RULING ON JURISDICTION DOES NOT APPLY IF INVOKED BY THE ITALIAN PARTY

The Italian Supreme Court (S.U. decision no. 2736/2017) has established that the preliminary ruling on Italy’s jurisdiction is an extraordinary and exceptional institute and cannot be raised by a defendant having residence or domicile in Italy.

The case before the Italian Supreme Court involved a U.S. company and an Italian company. The former served an injunctive decree (order to pay) to the latter for the payment of outstanding debts deriving from the execution of a framework distribution contract related to the supply of IT services. The Italian company opposed the order of the judge, asking for a preliminary ruling on Italy’s jurisdiction according to Article 41 of Italy civil procedure code.

The Supreme Court, seized to decide over Italy’s jurisdiction, declared the appeal inadmissible, notwithstanding the content of the contract providing for arbitration (instead of domestic jurisdiction). The Court based its decision on the circumstance that the defendant had its legal seat in Italy.

 

avv. Sondra Faccio 

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