Italy: Contracts and Commercial Law

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Is Your Asymmetric Jurisdiction Clause Valid?

On February 27, 2025, the Court of Justice to the European Union ("CJEU") issued an important ruling on the validity of asymmetric (lop-sided) jurisdiction clauses in terms of the Brussels Regulation Recast.

Italy Commercial

GA

Ganado Advocates

The Infrastructure Decree Becomes Law: The Key Developments

On July 19, 2025, Law No. 105 of July 18, 2025 was published in the Official Gazette, converting into law Decree-Law No. 73 of May 21, 2025 (the "Infrastructure Decree"), aimed at revitalizing the infrastructure...

Italy Government

AO

A&O Shearman

The New Italian Space Law — A Comprehensive Regulatory Framework For Space Operations

On June 25, 2025, Law No. 89/2025 (the "Italian Space Law") came into force, marking a pivotal development in Italy's approach to space activities to promote investments in the space economy.

Italy Commercial

AO

A&O Shearman

Due Diligence: Un Momento Indispensabile Nelle Operazioni Societarie

In un contesto economico sempre più rapido e globalizzato, in cui stanno emergendo strumenti giuridici volti ad accorciare le tempistiche delle operazioni e a garantire i rischi, la due diligence resta un'attività imprescindibile, ...

Italy Media & IT

WP

WH Partners

Il caso HOKA e la lingua Māori

Bugnion

The Qualifying Elements Of The Purpose Loan Contract

Italy Insolvency

SP

Studio Previti Associazione Professionale

Gli Elementi Qualificanti Il Contratto Di Mutuo Di Scopo

Italy Insolvency

SP

Studio Previti Associazione Professionale

La nuova veste dell'influencer: adesso è anche agente di commercio?

Italy Media & IT

Bugnion

Aggiornamento Giurisprudenziale N. 03 / 2024

FIVELEX Studio Legale e Tributario

International Arbitration Within E-Commerce

Italy Litigation

BI

Boccadutri International Law Firm

Recupero Crediti: Come Funziona?

AS

Arnone & Sicomo

Italy Government

IL

IPG Lex&Tax

The Compromise In International Commercial Arbitration

Italy Litigation

BI

Boccadutri International Law Firm

The EU Court Of Justice On Consumers' Right To Seek Compensation After The Annulment Of An Unfair Contract

Italy Commercial

OO

Orsingher Ortu – Avvocati Associati

The South African Lens: Italy - A Case Study In Overcoming Initial Resistance

Italy Litigation

KL

Herbert Smith Freehills Kramer LLP

WhatsApp, Social Media And Employee Rights: Italian DPA's Latest Ruling

Italy Employment

AO

A&O Shearman

Is Your Asymmetric Jurisdiction Clause Valid?

Italy Commercial

GA

Ganado Advocates

CD Milan, July 22, 2025, Decision By Default On The Revocation Action, UPC_CFI_597/2024

BP

Bardehle Pagenberg

Patent Litigation Comparative Guide

F-

Lexsential

Arbitration Proceedings Without Arbitration Clause

This clause explicitly states the choice to resort to arbitration should a dispute arise and specifies the procedural details. However, arbitration can also be pursued in lack of an arbitration clause...

Italy Litigation

BI

Boccadutri International Law Firm

The Court Of Cassation Returns On Sale And Lease Back: Concrete Proof Of Participatio Fraudis Required

In a recent decision, the Supreme Court has further clarified the conditions for the validity of the sale and lease back contract. This is, as is well known, the contractual transaction whereby...

Italy Insolvency

Md

Macchi di Cellere Gangemi

The Council Of State On The Onerous Nature Of The Pooling Contract (Reliance)

On 12 July 2023, the Council of State (the highest administrative court in Italy) issued its decision No. 6826/2023 concerning the onerous nature of the pooling contract regarding the pre-requisites...

Italy Commercial

OO

Orsingher Ortu – Avvocati Associati

The New Code Of Public Contracts Entered Into Force

On 1 July 2023, the Legislative Decree No. 36/2023 (the new "Code of Public Contracts") entered into force. One of the main new features of the Code...

Italy Commercial

OO

Orsingher Ortu – Avvocati Associati

Interest Rate Swap: The Joint Divisions Of The Supreme Court Reiterate The Jurisdiction Of The Italian Court.

Italy Commercial

Md

Macchi di Cellere Gangemi

Istituita la nuova Unità di contrasto alle pratiche commerciali sleali nella filiera agroalimentare – D. Lgs. 198/2021

European Union Commercial

LS

LCA Studio Legale

Decreto Omnibus

European Union Consumer

LS

LCA Studio Legale

A Step Forward Against Greenwashing: The European Commission Proposes The Green Claims Directive

European Union Environment

TC

Trevisan & Cuonzo

Italy Implements EU Omnibus Directive On Consumer Protection: Legislative Decree No. 26/2023 Published In The Official Gazette

European Union Consumer

GA

Global Advertising Lawyers Alliance (GALA)

What Is Forex And How Does It Work?

BI

Boccadutri International Law Firm

Acquisition Financing: The Debt Is Not Inherent To The Transferred Business

Italy Commercial

MA

Molinari Agostinelli Studio Legale

New Clarifications Concerning The Taxation Of Trusts And Beneficiaries

RP

Ruchelman PLLC

Worldline To Acquire Banco Desio Merchant Acquiring Activities

Italy Commercial

MA

Molinari Agostinelli Studio Legale

The Italian Competition And Market Authority Closes Investigation Over McDonald's Franchise Terms Confirming Continued Focus On Cases Of Abuse Of Economic Dependence

Italy Anti-trust

TC

Trevisan & Cuonzo

Acquisition Financing: The Debt Is Not Inherent To The Transferred Business

The Italian Supreme Court recently ruled on the applicability to the loan entered into for the acquisition of a business of the rules governing the contracts and debts of the business itself...

Italy Commercial

MA

Molinari Agostinelli Studio Legale

New Clarifications Concerning The Taxation Of Trusts And Beneficiaries

A trust is an instrument having extreme flexibility and adaptability. For those reasons, it is becoming more and more common in the field of estate and succession planning as a simple...

RP

Ruchelman PLLC

Worldline To Acquire Banco Desio Merchant Acquiring Activities

Banco Desio sold its merchant acquiring business for €100 million to Worldline Merchant Services Italia, a subsidiary of the French group Worldline. In this context Banco Desio...

Italy Commercial

MA

Molinari Agostinelli Studio Legale

The Italian Competition And Market Authority Closes Investigation Over McDonald's Franchise Terms Confirming Continued Focus On Cases Of Abuse Of Economic Dependence

The Italian Competition and Market Authority ("AGCM" or "Authority") has closed an investigation launched in July 2021 against McDonald's Development Italy LLC ("McDonald's") regarding an alleged violation...

Italy Anti-trust

TC

Trevisan & Cuonzo

Polizze "Unit-Linked": Il Punto Della Corte Di Giustizia Europea

Italy Insurance

MA

Molinari Agostinelli Studio Legale

What To Do In Case Of Fraudulent Calling Of The Performance Bond

The calling of the performance bond is fraudulent when the beneficiary demand the payment to the guarantor without having however the right to do so and being aware of this so that the result...

Italy Commercial

MA

Mora & Associati – Studio Legale

Performance Bond: How It Works Under Italian Law

The Performance Bond is a guarantee by means of which the purchaser or the owner secure the risk of the default of the counter-party (the supplier or the contractor).

Italy Commercial

MA

Mora & Associati – Studio Legale

Performance Bond: How And To What Negotiate

In international commercial transactions, it is very common for the importer/owner to request the supplier/contractor to issue a Performance Bond (i.e., almost always an autonomous and on-demand guarantee)...

Italy Commercial

MA

Mora & Associati – Studio Legale

How To Call A Performance Bond Under Italian Law

The Performance Bond is, in almost all the cases, an autonomous and on-demand guarantee which can be called with a simple request sent by the beneficiary to the bank-guarantor.

Italy Commercial

MA

Mora & Associati – Studio Legale

Performance Bond As On-Demand Guarantee

Italy Commercial

MA

Mora & Associati – Studio Legale

Performance Bond: Introduction

Italy Commercial

MA

Mora & Associati – Studio Legale

Nel Caso Altice Il Tribunale Dell'unione Conferma Una Politica Giudiziaria Rigorosa In Materia Di "Gun Jumping"

Italy Commercial

DB

De Berti Jacchia Franchini Forlani

How To Freeze A Sudden Financial Crisis

Italy Insolvency

Ue

Ughi e Nunziante

Danno causato da pratiche anticoncorrenziali. La Corte di Giustizia si pronuncia sulla determinazione delle entità tenute al risarcimento e sulla responsabilità "discendente" di una controllata

Italy Commercial

DB

De Berti Jacchia Franchini Forlani

Antitrust Bites – Newsletter September 2021

Italy Anti-trust

DP

DLA Piper

Patti (parasociali) di finanziamento ed efficacia verso la società: profili di criticità

Italy Commercial

SL

Studio Legale Withers

How To Report Abuse Of A Dominant Position

Italy Anti-trust

MA

Marazzi & Associati

OVHCloud And The Hosting Contract

Worldwide Privacy

MA

Marazzi & Associati

Amazon, Google, But Not Only Them. 2021 Budget Law Obligations For Providers Of Online Brokerage Services And Search Engines

Italy Commercial

AN

Advant Nctm

Smart Contracts: The Potentiality Of Contracts Based On The Blockchain Technology.

Italy Technology

MA

Marazzi & Associati

Health Insurance And Italian Residency Application

Italy Insurance

L

Luxury Law

Brexit Countdown: Implications For Current And Future Commercial Contracts

European Union Commercial

Md

Macchi di Cellere Gangemi

Recent Developments On Usurious Interests

Italy Commercial

Md

Macchi di Cellere Gangemi

Italian Supreme Court En Banc Rules In Favour Of The Jurisdiction Of Italian Courts In Disputes Against Foreign Airlines

Italy Litigation

AN

Advant Nctm

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Latest Videos

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Französisches Deliktsrecht (Video)

Q

Qivive Rechtsanwaltsgesellschaft mbH

How A Strong Omnichannel Strategy Can Strengthen Retail Businesses

PV

Poelmann van den Broek

Setting Up A Business In Malta: Step By Step Guide (Video)

CG

CSB Group

3 Minutes On Confidentiality Agreements Or NDAs (Video)

AM

Arendt & Medernach

COVID-19: No Moratorium On Forfeiture Of Commercial Tenancies (Video)

WF

William Fry

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