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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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

2011-03-21T13:00:55+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

2011-03-01T13:00:55+00:001 March 2011|Categories: EU Law, Insurance and Reinsurance|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. Read More

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Participation in the general meeting of listed and non-listed Italian companies by electronic means

2010-12-15T00:00:00+00:0015 December 2010|Categories: EU Law|Tags: , |

Legislative Decree No. 27, dated 27 January 2010 (the “Decree”), transposed in Italy the Directive 2007/36/EC on Shareholders’ Rights, introducing several significant amendments to the legal framework applicable to the rights of shareholders of listed companies. Among others, the Decree expressly provides that the by-laws of listed and non-listed companies Read More

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Mere use of a website by the trader does not in itself trigger application of the rules of jurisdiction for the protection of consumers in other Member States

2010-12-08T12:00:28+00:008 December 2010|Categories: Conflict of Laws, EU Law, International Commercial Law, International Sale of Goods|Tags: , , , |

The European Court of Justice in its Judgment in Joined Cases C-585/08 and C-144/09 Peter Pammer v Reederei Karl Schlüter GmbH & Co. KG and Hotel Alpenhof GesmbH v Oliver Heller explains the rules of jurisdiction in European Union law that are applicable to consumer contracts, in relation to services offered on Read More

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By authorising the use of the name “pure chocolate” Italy has infringed EU Law

2010-11-25T21:00:42+00:0025 November 2010|Categories: EU Law, IP Law|Tags: , , |

The European Court of Justice (see judgment in Case C-47/09 Commission v Italian Republic) finds that Italy has failed to fulfil its obligations under EU law concerning the labelling of cocoa and chocolate products which harmonises the sales names for such products (see Directive 2000/13/EC of the European Parliament and Read More

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Legal advice from in-house lawyers is not protected by legal professional privilege

2010-09-16T01:46:44+00:0016 September 2010|Categories: EU Law|Tags: , , |

The European Court of Justice (see judgment in Case C-550/07 Akzo Nobel Chemicals Ltd v Commission) has ruled that in the competition field the European Commission has the right to seize and use as evidence legal advice given by in-house lawyers. In its judgment the European Court of Justice has Read More

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Gross negligence under a Jewellers’ Block Policy

Acting for several Underwriters from the London Market, the firm successfully defended a claim lodged by the insured before the Court of Vicenza (Italy) for the payment of the indemnity under a Jewellers’ Block Policy for an alleged robbery at premises. In its Judgement, the Court of Vicenza ruled that the behaviour of the insured is characterised Read More

MDM Law firm response to coronavirus

As a mobile organisation, MDM Law firm is taking precautions seriously and is closely following all relevant government and WHO advice to ensure that we are ready to adapt to the latest guidance. As a people-based business, our primary focus is on ensuring the health and wellbeing of all our staff and their Read More

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