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Commercial

Italy

As a business operating in today’s increasingly regulated markets, you need to manage your commercial risk while achieving your business objectives.  Sector-specific contractual arrangements are key to this, wherever you operate. With over 350 lawyers across 34 countries, CMS’ commercial multi-disciplinary team is trained to understand the business variations impacting your commercial arrangements.

In Italy, our team is composed of professionals which focus, inter alia, on the drafting, negotiation and the management of commercial agreements and can help you in handling complex problems and in finding the best possible solutions. 

We organise our teams around sectors and industries relevant to you. Our professionals have a specific expertise and knowledge in the single areas of law including: financial services, manufacturing, automotive, consumer products, energy, hotels and leisure, infrastructure and projects, lifesciences, publishing, real estate and construction, technology, telecoms, media and sports.

Whether you require advice in Italy or abroad in relation to commercial contracts, supply services, e-commerce, IT or telecoms agreements, data protection, design and manufacturing, advertising, sponsorship and marketing, consumer sales, software licensing, outsourcing or sales, agency, distribution and franchise agreements, our specialists can guide you towards the best business outcome for you. In addition to this, our professionals have matured a specific experience in the resolution of issues and for the litigation procedures relating to these contracts.

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June 2018
On­line Stress Test
Test your know-how pro­tec­tion
25/07/2018
Kenzo v Kenzo Es­tate: The CJEU con­siders the ad­miss­ib­il­ity of late...
In­tro­duc­tion The latest de­cision of the Court of Justice of the European Uni­on ("CJEU”) in the Kenzo case provides use­ful guid­ance on ad­miss­ib­il­ity of late evid­ence in EU trade mark ap­peal pro­ceed­ings and cla­ri­fies the mean­ing of ‘un­fair ad­vant­age’ for well-known.
14/06/2018
In­ter­na­tion­al PPAs: High Court pro­tects ar­bit­ra­tion pro­cess
In At­las Power Ltd v Na­tion­al Trans­mis­sion and Des­patch Com­pany Lim­ited [2018] EWHC 1052, the Eng­lish High Court gran­ted an anti-suit in­jec­tion to a group of in­de­pend­ent power pur­chasers in Pakistan (“IPPs”) to pre­vent a col­lat­er­al at­tack against an ar­bit­ral.
16/04/2018
Ger­man court rules no lux­ury goods in food re­tail out­lets
On 6 April 2018, the Düs­sel­dorf High­er Re­gion­al Court ruled that the food re­tail­er real, whose par­ent com­pany is Ger­many’s Metro AG, may not sell lux­ury cos­met­ics made by Japa-nese man­u­fac­turer Kanebo in its food re­tail stores, and that the man­u­fac­turer can.
13/04/2018
The Acon­cagua Bay – “al­ways ac­cess­ible”
On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from the berth.
29/03/2018
Study on Ini­tial Coin Of­fer­ings - New means of fun­drais­ing
At first glance, it is hard to be­lieve and to un­der­stand the claim of en­thu­si­asts that Block­chain tech­no­logy is sup­posed to be com­par­able with the spread of the in­ter­net in the 90s.   It would there­fore be a con­sequence of the tech­nic­al, even dis­rupt­ive in­nov­a­tions.
09/03/2018
CJEU rules against ar­bit­ra­tion clauses in In­tra-EU Bi­lat­er­al In­vest­ment...
On 6 March 2018, the Court of Justice of the European Uni­on (CJEU) ruled that Art­icles 267 and 344 of the Treaty on the Func­tion­ing of the European Uni­on (TFEU) must be in­ter­preted as pre­clud­ing ar­bit­ra­tion pro­vi­sions in bi­lat­er­al in­vest­ment treat­ies between.
13/02/2018
The rise of the new lux­ury eco­nomy
Travel has al­ways played host to dra­mat­ic and of­ten dis­rupt­ive changes. At CMS’s an­nu­al tech­no­logy con­fer­ence, In­nov­ate to Sur­vive, onefinestay’s CEO, Javi­er Ce­dillo-Es­pin de­livered a key­note, sum­mar­ised in this art­icle.
14/08/2017
Ad­voc­ate-Gen­er­al sub­mits opin­ion sup­port­ing on­line sales re­stric­tions
Ad­voc­ate-Gen­er­al (AG) Wahl sub­mit­ted a non-bind­ing opin­ion to the European Court of Justice (ECJ) that lux­ury brand sup­pli­ers should have the right to choose who sells their products and how their products are sold in or­der to pro­tect their im­age and ex­clus­iv­ity.
04/07/2017
The New Fla­menco – Su­preme Court al­lows own­ers’ ap­peal
The Su­preme Court, on 28 June 2017, found in fa­vour of the own­ers in the long-awaited “New Fla­menco” judg­ment - Glob­alia Busi­ness Travel S. A. U. (formerly Travel­Plan S. A. U. ) of Spain v Fulton Ship­ping Inc of Panama.
03/07/2017
CJEU rules Hun­gari­an gambling li­cens­ing re­gime in­com­pat­ible with EU...
The Court of Justice for the European Uni­on (CJEU) has ruled that Hun­gary’s li­cens­ing frame­work for on­line gambling placed overly re­strict­ive and un­fair con­di­tions on op­er­at­ors from oth­er European Uni­on coun­tries look­ing to enter the mar­ket.
27/06/2017
Im­ports of or­gan­ic products now sub­ject to EU elec­tron­ic cer­ti­fic­a­tion...
From 19 Oc­to­ber 2017, use of the elec­tron­ic Trade Con­trol and Ex­pert Sys­tem (“TRACES”) will be­come man­dat­ory for all im­port­ers of or­gan­ic products from out­side of the EU. Or­gan­ic im­ports may only be placed on the European Single Mar­ket if they are covered by.