Perhaps not everyone knows that Art. 5-ter of Italian Decree-Law 1/2012 (converted into Law 62/2012) allows companies to request and obtain from AGCM (the Italian Antitrust Authority) the attribution of a legality rating. Through such certification, companies having certain requirements are able to obtain many competitive advantages and economic benefits which their unrated competitors do…
“It is by now a clearly established principle that the new regime of the S.r.l. (T.N. Italian limited liability company) has implemented a privatisation of the control on the work of the board of directors, thus the unconditional right of the member, who is not a director, to exercise a far reaching review of the…
A recent ruling of the Corte di Appello of Milan ‒which was published last January in a real estate dispute‒ accepted the arguments the Firm had filed on behalf of the Client with regard to a purchase option. The court case arose from a provision, in a contract of sale of real estate, of a…
The Tribunale di Bologna has recently issued a judgement concerning the effects of the cancellation of a company from the register of companies and the fate of the company relationships that have not been resolved at the time of cancellation, with particular reference to the former members’ legal capacity to sue in order to safeguard…
The Firm’s Trieste office has recently represented the member of a company, who applied for an urgent relief requesting the Judge to adopt measures to enable the company member to fully exercise his right to obtain news relating to the business performance, to consult the company books and the documents relating to the management. The…
Last August the Appeal Court of Bologna fully confirmed the judgment of the Court of First Instance of Rimini, which had sentenced two partners-directors of a company to compensate damages for having performed acts of unfair competition -in agreement between them- for enticement of employees and diversion of customers. In particular, the Court, in line…
Companies are often exposed to bold executive actions by suppliers, whom, in possession of a provisionally enforceable title, act coercively – often also pending the decision on the request for the suspension of enforceability of the title – with attachments on goods, immovable property and garnishments. In these cases it is appropriate to promptly resist…