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Enforcement
- Reed Smith LLP
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- Italy
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- February 6 2007
In Banco Nacional de Comercia Exterior SNC v Empresa de Telecommunicationes de Cuba SA Butterworths Law Direct 25.1.07 the applicant had entered into an agreement in February 2000 entitled ‘escrow agreement’, governed by Italian law and subject to the exclusive jurisdiction of courts in Turin, guaranteeing the restitution of financing provided under a credit facility arising under a loan agreement
Ryanair claims Commission failed to take appropriate action
- Nabarro LLP
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- European Union, Italy
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- March 12 2008
Ryanair has lodged two actions before the Court of First Instance (CFI) alleging that the European Commission (Commission) failed to act in relation to complaints of anti-competitive behaviour by the Italian authorities in favour of certain airlines
Protecting the shape of a product
- Jacobacci & Partners
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- Italy
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- September 9 2009
Article 9 of the Code of Industrial Property Rights, in force since March 2005, establishes that a sign consisting exclusively of a shape cannot be registered as a trademark if such shape: results from the nature of the goods; is necessary to obtain a technical result; or adds substantial value to the goods
AG’s opinion in Case C-54007, Commission v Italy: withholding taxes levied on dividends paid to other member states
- Dorsey & Whitney LLP
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- European Union, Italy
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- September 23 2009
The European Commission had challenged the compatibility with the EC Treaty of the Italian system of charging withholding tax on dividends paid to parent companies of Italian subsidiaries resident outside Italy
Commission requests Italy to comply with ECJ sports betting judgment
- Nabarro LLP
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- European Union, Italy
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- April 16 2008
On 13 September 2007, the European Court of Justice (ECJ) ruled in case C-26004 that Italy had failed to fulfil its obligations under the EC Treaty rules on freedom of establishment and free movement of services
Italian winter sports firm fails to conquer NASDAQ
- Shepherd & Wedderburn LLP
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- European Union, Italy
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- August 21 2007
On 10 May the EU's second highest court, the Court of First Instance (DFI) rejected efforts by an Italian company, Antarctica, to register a Community trade mark containing the word "NASDAQ", on the basis that use of the mark would take unfair advantage of the repute of an earlier registered trade mark, for dissimilar goods and services
"Italian torpedo” claims get a boost in the Italian courts
- Squire Sanders
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- Italy
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- May 19 2009
The Court of Milan has rejected Eni’s request for a ‘negative ascertainment', which was aimed to have the court declare there was no cartel (which had been found following a Commission investigation in 2006 and involved a fine of 519 million for participants in a price-fixing ring for synthetic rubber) and that, accordingly, no damages were suffered by the tyre manufacturers
Commission refers Italy to Court of Justice for failure to recover illegal state aid
- Bird & Bird
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- European Union, Italy
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- April 25 2008
The European Commission has decided to refer Italy to the Court of Justice for failing to comply with a Commission decision of 14 December 2004 declaring tax incentives in favour of companies taking part in trade fairs abroad incompatible with the Single Market and ordering their recovery from the recipients
Selpress S.R.L. v Milano Finanza Ed. S.P.A., Class Ed. S.P.A., Erinne S.R.L.
- Bird & Bird
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- Italy
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- June 15 2007
The publisher of a newspaper or magazine must be considered the author of this collective work according to art. 7 Copyright Act and the owner of its economic rights of exploitation in accordance with art. 38 copyright act
Employment update, Italy June 2007
- Bird & Bird
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- Italy
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- June 25 2007
The Italian Court of Cassation (judgment 30 March 2007, n. 7880, united sections) established that the guarantees provided under paragraph 7, law number 300 1970 (workers' statute of rights) also apply in cases where executives’ (dirigenti) employment contracts are terminated (for disciplinary reasons
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