The Municipality of Milan introduces New Rules for Food and Beverage Activities
The City of Milan, with resolution no. 32 of May 6, 2024, approved a new discipline for food and beverage activities …
Commercial Agents in Italian Law: the Obligation Not to Compete After Contract Termination
Contracts with commercial agents often include “post contractual non competition clauses”, also known as “restraint of trade clauses”. These clauses restrict …
EU General Court rulings on the Prohibition of Legal Advisory Services to Russia
On October 2, the EU General Court issued three significant rulings concerning the prohibition of providing legal advisory services to the …
EUDR: Key Considerations for Companies dealing with Multiple Suppliers awaiting Implementation Delay
The recently adopted Regulation (EU) 2023/1115 marks a significant step towards fighting deforestation and promoting sustainable supply chains within the European …
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, …
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.