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The Tribunal of Milan with a decision of 12 June 2014 took a stand which is in sharp contrast with mainstream case law, with respect to clauses.
Group restructurings: one single group ‘concordato preventivo’ proposal, procedure and voting majority?
Two recent decisions of the tribunals of Ferrara and Palermo address some of the major issues involved in group restructurings under Italian insolvency laws.
Geographical indications (GIs) for foodstuffs are protected under European law, while GIs for non-foodstuffs are not protected under EU law. Should we keep this difference?
In the last couple of days, the Financial Times and The New York Times have published important articles on Russia and China. The articles don’t pull their punches.
Bankruptcy and liquidation trusts: under what conditions can they be recognised in the Italian legal system?
The Italian Supreme Court of Cassation has ruled that trusts can be recognised in Italy, when the settlor is insolvent, only if they are consistent with the purposes of the procedure.
A debtor in a concordato preventivo pre-filing regime can suspend but not terminate agreements pursuant to bankruptcy law
Can the Bankruptcy Court authorise the debtor to terminate credit facility agreements when the debtor submitted a pre-filing for concordato preventivo?
The Italian Supreme Court of Cassation has addressed a key issue under EC Regulation No. 1346/2000: the location of the ‘centre of main interests’ of a company.
The subject of so-called ‘minibonds’ has become particularly topical, following the recent conversion into law of the decree law ‘Destinazione Italia’ at the end of February.
NCTM’s latest Shipping and Transport Bulletin includes comment on the Italian law relating to the granting of financial aid to Italian stevedoring companies.
On 28 November 2013, the European Commission published a draft of a directive intended to harmonise the protection of trade secrets.
The vitality of an economic system is also measured by its dynamism in M&A, which means by the number and value of transactions involving transfers of shareholdings and businesses.
The ICA has clarified how to determine the second threshold under the amended Article 16, paragraph 1, of Law no. 287/90 in the case of newly set-up joint ventures and mergers.
The Court of Milan has considered as an abuse of dominant position Ryanair’s refusal to grant access to its database and booking procedures to an online travel agency.
Single environmental authorisation: administrative simplifications for small and medium-sized enterprises
Italian Presidential Decree no. 52 introduces into Italian law a series of administrative simplifications regarding the environment aimed at small and medium-sized enterprises.
The procedure of composition with creditors aimed at business continuity has a major impact on the rules governing public contracts.
Timely forwarding of the notice of convocation of the shareholders’ meeting of a limited liability company: presumption of receipt
NCTM focuses on the forwarding of the notice of convocation of the shareholders’ meeting of a limited liability company and the presumption of receipt.
The Court of Cassation has clarified certain legal problems underlying the relation existing between the preliminary contract and the final contract.
Interpretation of section 25 of the Self Regulation Code of Marketing Communication.