Francesca Greblo has successfully represented a transport company sued in an opposition procedure against an order for payment. The other party ‒ against which the order for payment of several unpaid carriage charges had been issued ‒ filed an opposition not by contesting the invoices quoted in the order for payment, but by alleging a…
A recent judgment of the Court of Udine has confirmed that the carrier has no obligation to return the pallets in the absence of a specific agreement on the point as set forth by article 11 of Italian legislative decree 286/2005, which states that the carrier is not liable for the restitution of the pallets….
A very recent appeal judgement has confirmed the principle according to which theft excludes liability only when it is absolutely unpredictable and inevitable and if the loss occurs through violence or threat. As for gross negligence, the Court has stated that it must be excluded ‒ and therefore the limitation of liability is applicable ‒…
The Firm has assisted a customs broker ‒ who acted as indirect representative ‒ in challenging an assessment notice concerning customs duties. The Customs Authority maintained that the requirements for the enjoyment of tariff benefits had not been met, as the imported goods had certificates of origin Form AA which did not comply with those…
A judgement issued by the Court of Udine on 23 January 2017 rejected a refund request of the indemnity paid to the insured. The request was filed by an insurer against a carrier – represented by Alberto Pasino and Federica Fantuzzi – who claimed to have suffered the theft of goods that were stored at…
The Court of Viterbo accepted the Firm’s arguments in favour of a well-known freight forwarding company and dismissed the complaint brought by the opposite party against the order issued at the end of the previous ex parte proceedings. During the ex parte proceedings the applicant acted pursuant to article 700 of the Italian civil procedure…
Zunarelli’s Trieste office has obtained an ex parte measure from the Court of Trieste, authorizing the attachment of commodities and of any moveable and immovable good and any credit of a foreign company which stored commodities, under excise duty suspension regime, at the tax warehouse of an Italian company. Pursuant to the Italian tax excise…
The Tribunale di Udine ‒allowing the applications filed by the Firm on behalf of the Client‒ has granted the provisional enforcement of an order for payment which had been challenged and which concerned the payment of freight, regardless of the opposite party’s attempt to have it set off by a credit resulting from the failed…
The Firm has recently advised and represented a Client in a dispute concerning a payment notice for Municipal Tax on Advertising (“ICP”) pursuant to Italian Legislative Decree N. 507/1993, served by the tax collection agency of the locally competent Municipality. In particular, with regard to the rules provided by Italian Decree N. 507/1993 in relation…
Judgment no. 3802 of 26 February 2016 of the Corte di Cassazione (the Italian Supreme Court) on international sales has confirmed the principle ‒which has been recently elaborated by the Court’s jurisprudence‒ of the jurisdiction of the Judge of the final place of delivery of the goods over all disputes possibly arising in connection with…