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Access to evidence in stand-alone antitrust damages actions: a landmark decision of the Italian Supreme Court
On 4 June 2015, the Italian Supreme Court handed down a landmark decision in relation to taking of evidence in stand alone antitrust damages actions (case Comi & Ors v Cargest).
Also: will Better Regulation for Better Results work?; private enforcement in antitrust; and more.
Also: second-hand containers; private areas in public ports; pilfering; and more.
The Tribunal of Milan allowed a concordato preventivo proposal to be amended, providing that additional resources for the creditors could be made available through a lien on real estate property belonging to a shareholder of the company.
The Court of Turin laid down an interesting ruling on the protection of the variety of forms of expression and creative contributions that may be related to the creation of commercial ads.
The District Court of Milan dismissed the preliminary proceeding filed by Audermars Piguet Holding S.A, the famous Swiss luxury watches company.
CJEU confirms the decision issued by the General Court of the European Union that the three-dimensional trademark consisting of the shape of a cylindrical bottle had no distinctive character.
Reducing the tax burden does not necessarily constitute state aid.
The ECJ has held a secondary insolvency proceeding in the member state where the debtor has its registered office may be opened at the request of creditors entitled under the law of that state.
Italian hotel chain told to repay profilts after losing dispute over the letter W...
Across the EUniverse, issue 1: e-books VAT battle; freedom of personal data; shareholders’ rights revisited; and more
Legal implications of the latest moves in Brussels.
If documents contain sensitive data access is allowed only if strictly necessary, and in some cases to disclose information on health status or sex life.
The submission of facts and evidence remains possible even after the expiry of time limits.
Dow Italy owned a trademark claiming the colour “pure blue” that it had used for more than 20 years. It sued AB Isolanti for using a similar colour…...
Public entities are exempt from bankruptcy, but not companies that are carrying out business, even though they are held by public agencies, according to recent decisions.
The Italian Court of Cassation has ruled on plagiarism of a creative work, focusing on the requirements that the plagiaristic work should own to establish or avoid the infringement.
A clawback action based on Italian insolvency laws in a procedure opened in Italy can have wider limits when the transaction is governed by a foreign law.
The Italian Supreme Court of Cassation has issued a ruling regarding the extent of protection of weak trademarks based on the doctrine of ‘secondary meaning’.
Can the proceeds of future business activity be allocated to unsecured creditors in concordato preventivo, when secured creditors are not paid in full ?
The decision of the Court of Rovereto of 13 October 2014 and the Court of Bergamo of 26 September 2013 took opposite stands on the issue of the allocation.
Discharge following concordato preventivo does not extend to mortgages granted by partners of the company
The Court of Cassation ruled that partners of a partnership cannot be considered as third parties and therefore the mortgage cannot be considered a guarantee for obligations of a third party.