About Massimiliano Di Martino

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So far Massimiliano Di Martino has created 58 blog entries.

A clause in a selective distribution contract banning the distributors from selling the products online amounts to a restriction on competition by object

2011-10-13T10:52:59+00:0013 October 2011|Categories: Competition, EU Law|Tags: , , |

Article 101 TFEU prohibits agreements which have as their object or effect the restriction of competition. Article 101(3) TFEU provides, subject to certain conditions, for agreements which improve the distribution of products or contribute to promoting economic progress to be granted an individual exemption. In addition, various regulations provide that Read More

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A trade mark containing the geographical indication “Cognac” cannot be registered to designate a spirit drink not covered by that indication as the commercial use of such a mark would adversely affect the protected indication

2011-07-14T20:00:19+00:0014 July 2011|Categories: EU Law, IP Law|Tags: , |

Under the regulation on the protection of geographical indications for spirit drinks (see Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No Read More

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Liechtenstein Accedes to Convention on the Recognition and Enforcement of Foreign Arbitral Awards

2011-07-12T12:00:56+00:0012 July 2011|Categories: International Commercial Law|Tags: , |

With its accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also known as the New York Convention), effected on 7 July 2011, Liechtenstein becomes the 146th State party to the Convention. The Convention will enter into force for Liechtenstein on 5 October 2011. The “New Read More

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New edition of UNIDROIT Principles of International Commercial Contracts adopted

2011-05-21T10:00:16+00:0021 May 2011|Categories: Conflict of Laws, International Commercial Law, International Sale of Goods|Tags: , , |

The Governing Council of UNIDROIT at its 90th session formally adopted on 10 May 2011 the third edition of the Principles of International Commercial Contracts (“UNIDROIT Principles 2010”). The UNIDROIT Principles 2010 contain new provisions on restitution, illegality, plurality of obligors and obligees, and conditions, while with respect to the text Read More

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Oman joins the Apostille Convention as 101st Contracting State

2011-05-20T15:10:52+00:0020 May 2011|Categories: International Commercial Law|Tags: |

On Thursday 12 May 2011, the Ambassador of the Sultanate of Oman, deposited Oman’s instrument of accession to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the “Apostille Convention”). As a result, Oman has become the 101st Contracting State to the Apostille Convention Read More

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A prohibition against infringement, issued by a national court sitting as a Community trademark court, extends, as a rule, to the entire area of the European Union

2011-04-12T11:00:46+00:0012 April 2011|Categories: EU Law, IP Law|

In its Judgment in Case C-235/09 DHL Express France SAS v Chronopost SA the European Court of Justice ruled that the Council Regulation (EC) No 40/94 of 20 December 1993 on the Community Trade Mark (the Regulation) creates Community arrangements for trademarks whereby undertakings may obtain Community trademarks to which Read More

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The Italian mandatory mediation procedure of cross-border and domestic disputes is effective as of 20 March 2011

2011-03-21T21:00:12+00:0021 March 2011|Categories: Legislative Updates|Tags: |

By Legislative Decree No. 28 dated 4 March 2010 (the “Decree”), the European Mediation Directive 2008/52/EC (the Directive) has been implemented in Italy. The Directive is part of a European-wide initiative to promote and regulate the development of mediation throughout the EU. The Directive itself should apply only to mediation in cross-border disputes, but Read More

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The Italian mandatory mediation procedure of cross-border and domestic disputes is effective as of 20 March 2011

2011-03-21T13:00:55+00:0021 March 2011|Categories: EU Law, Insurance and Reinsurance|Tags: , , |

By Legislative Decree No. 28 dated 4 March 2010 (the “Decree”), the European Mediation Directive 2008/52/EC (the Directive) has been implemented in Italy. The Directive is part of a European-wide initiative to promote and regulate the development of mediation throughout the EU. The Directive itself should apply only to mediation Read More

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The rule of unisex premiums and benefits will apply with effect from 21 December 2012

2011-03-11T21:00:24+00:0011 March 2011|Categories: Case reports, Legislative Updates|Tags: |

Directive 2004/113/EC prohibits all discrimination based on sex in the access to and supply of goods and services. Thus, in principle, the Directive prohibits the use of gender as a factor in the calculation of insurance premiums and benefits in relation to insurance contracts entered into after 21 December 2007. By Read More

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Loss of artworks worth EUR 18 Million

Acting for Lloyd’s Underwriters on an alleged loss of artworks valued at approximately EUR 18 million, our team successfully defended an EUR 10 million claim lodged by the insured before Italian courts, including favourable decision of the Milan Court of Appeal.

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