07/12/2017 - THE APPLICATION OF THE PRINCIPLE OF EQUALITY IN COMPETITIVE BIDDING DOES NOT ENTAIL THE RECOGNITION OF THE SAME POINTS TO ORIGINAL SPARE PARTS AND NON ORIGINAL (OR COMPATIBLE) SPARE PARTS
With a recent award (Cons. Stato, sez. III, 11/09/2017, n. 4275), the Italian Council of State established that in competitive bidding, the technical score assigned to non-original spare parts may be legitimately lower compared to the technical score assigned to original spare parts.
21/09/2017 - A SUPPLIER OF LUXURY GOODS MAY PROHIBIT ITS AUTHORISED RETAILERS FROM SELLING ITS PRODUCTS ON THIRD-PARTY PLATFORMS
The Advocate General Wahl has reached his conclusion in the Case C-230/16 Coty Germany GmbH/Parfümerie Akzente GmbH, currently pending before the European Court of Justice, stating that a supplier of luxury goods may prohibit its authorized retailers from selling its products on third-party platforms such as Amazon or eBay.
19/10/2017 - CONTRACTS EXECUTED BY ELECTRONIC MEANS AND THE VALIDITY OF THE JURISDICTION CLAUSE. DEVELOPMENTS IN THE ITALIAN SUPREME COURT CASE LAW
The Italian Supreme Court has confirmed that a clause conferring exclusive jurisdiction contained in the general terms and condition of a contract, concluded by electronic means, satisfies the requirements provided for by article 23 (2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, in case such general conditions are accepted by ‘click-wrapping’.
The Annual Market and Competition Law approved by the Italian Parliament last August 2 and entered into force on August 29, has confirmed the ban of the so-called parity clauses included in agreements between hotel and online booking platforms (see, Legge 4 agosto 2017, n. 124, http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:2017;124).