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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.
Does EU Regulation No. 1346/2000 apply to a defendant not domiciled in EU in a claw-back action brought by the insolvency receiver?
Mr Schmid, the receiver appointed in an insolvency procedure commenced in Germany, brought before a German court a claw-back action against an individual, domiciled in Switzerland.
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.
The Italian government is trying to shake up the lending market by Law Decree No 91 of 24 June 2014 (Decreto Competitività).
Shipping and Transport Bulletin — the Italian regime of minimum road haulage prices; the SNCM case; and more
NCTM has released the October–November issue of its Shipping and Transport Bulletin.
On 18 September 2014, the European Court of Justice handed down an interesting decision on the validity as a trademark of the shape of products.
A female macaque took a self-portrait using the camera of the English naturalist photographer David J Slater. The news raised doubts about the picture’s copyright protection.
PI proceedings were initiated by a company in order to enjoin a competitor from the continuing use in commerce of its registered trademarks as service name as well as over the internet.
The EU Court of Justice has handed down another judgment expected to further clarify the correct scope and interpretation of copyright ‘exceptions and limitations’.
The EU dual-use export control system is highly bureaucratic and, as can be seen from the example of Iran, sometimes exposed to imperfections.
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 Court of Turin has pronounced its appeal decision within the interim proceedings brought by Delta TV Programs against Google and Youtube for the infringement of its IP rights.
Coty Germany filed a claim before the first-instance German court against First Note for infringement of its Community tri-dimensional trademark.
EU Court of Justice holds trade dress of flagship store eligible for trademark registration under EU law
The EU Court of Justice has ruled in favour of the eligibility for registration as a trademark, under EU law, of the overall appearance, trade dress and design of a flagship store.
Copyright — the on-screen copies and cached copies made by a user are licit also without the authorisation of the copyright holder
By a judgment issued on 5 June, the European Court of Justice has ruled on the interpretation of article 5 of Directive 2001/29/CE.
Advocate-general Pedro Cruz Villalón of the European Court of Justice has ruled on the nature and meaning of the concept of parody.