Generic filters

SARS CoV-2: force majeure event?

It is not certain that SARS CoV-2 can automatically be considered a force majeure event: the force majeure event must always be verified on case-by-case basis, by means of a judicial assessment that ascertains its actual impact on the contractual relationship.

SARS-COV-2: Italian urgent provisions on transport contracts.

The Italian Government regulated the issue of transport and package tour contracts, providing in certain circumstances related to the SARS-CoV-2 outbreak, the reimbursement of the price due to the impossibility to provide the service, pursuant to art. 1463 of the Italian Civil Code.

Unsolicited promotional activities: the Italian Data Protection Authority fines Eni Gas e Luce for 8 million euros.

The company Eni Gas e Luce has received from the Italian Data Protection Authority an administrative sanction of € 8,500,000.00 for unwanted telemarketing activities and unlawful management of contact data used for marketing campaigns. The company was sanctioned for having made advertising calls without the consent of the data subjects, for not having adopted adequate technical and organizational measures to implement the expressions of will of the data subjects and for having kept the data of the data subjects for a longer period than the necessary period to pursue the purposes. This is what emerged from the investigations of the Guarantor, which began following some reports received by the Authority during 2018 and 2019.

Limits for trademark registration due to likelihood of confusion.

The Court of Cassation has recently stated that, according to the Industrial Property Code, signs which, at the time of application, are similar to those already registered in a State by others, may not be registered as a trademark if as such the similarity or identity between the goods or services are such to create confusion for the consumers, consequently leading to an association between the two signs.,

The establishment and structure of a corporate joint venture.

A corporate joint venture is a cooperation between two or more companies, aimed at achieving strategic objectives for development, through the sharing of mutual skills, resources and knowledge.
These characteristics are common to various forms of corporate implementation and management schemes, whose choice is influenced and suggested by the specific nature of the business the proposed collaboration relates to.

The Italian Data Protection Authority against ENI: multimillion-dollar fine.

Unsolicited contracts, inaccurate data and false subscriptions: the manifestly incorrect and fraudulent conduct of one of its agencies and the failure to apply adequate controls has cost Eni Gas e Luce S.p.A. a 3 million euro fine due to the several breaches found by the Italian Data Protection Authority with reference to the processing of personal data connected to the activation of energy supply contracts.

The Bank of Italy issued instructions on the early repayment in credit agreement for consumers.

for consumers, establishing that, in case of early repayment, consumers’ right to the reduction in the total cost of the credit shall include all costs to be borne by the consumer. In particular, not only shall the reimbursement include all recurring costs, but it shall also include any upfront costs that do not depend upon the duration of the credit agreement (e.g. processing costs). These instructions follow the judgement of the EU Court of Justice dated September 11, 2019 (case “Lexitor” C-383/18), that gave a new interpretation of Article 16, paragraph 1, of the EU Directive 2008/48/CE on credit agreements for consumers.

Commercial communications and the consent of its data subjects.

Sending commercial communications for promotional purposes to users must always be preceded by the acquisition of a valid consent, which must be free, specific and accountable. The Data Controller is also responsible for implementing adequate organizational and technical measures in order to guarantee the correct management of the rights of the data subjects, with particular reference to the right to object to the processing.
This is what is established by the provision of the Data Protection Authority n. 133 of 20 June 2019.

Corporate liability action and the burden of proof.

The chief executive officer, defendant in a corporate liability action, is required to prove the fulfilment of its obligations, in order not to be held liable. This principle has been recently reaffirmed in decision no. 4294 of the Court of Milan, corporate section, of 06 of May 2019.