Newsletter #1

The concept of“Made in Italy” in light of recent legislation
The Regulation No. 99/2009 and Decree No. 135/2009 (converted by the Regulation No. 166/2009) regarding the “Made in Italy” label are important provisions protecting Italian manufacturing. The Parliament is also discussing a bill which will improve such protection for the Italian production. These regulations increase the penalties provided for in the Penal Code (ex article 517 which provides for sanctions up to 20.000 euros and imprisonment up to 2 years) by an additional 1/3 for cases involving the illegal use of the “100% Made in Italy” label. The full Regulation can be found at this address:

The relevant innovations brought by EC Regulation n. 593/2008 to contracts of franchising and distribution
The Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 (Rome I) replaces the former Rome Convention 1980 on the law applicable to contractual obligations. It introduces some relevant changes in the field of franchising and distribution contracts: 1. the contract of franchising is regulated by the law of the Member State where the franchisee has his residence; 2. the contract of distribution is regulated by the law of the Member State where the distributor has his residence. The full EC Regulation can be found at this address:

Approval of the decree on conciliation – 23/02/2010
This decree, which implements art. 60 of the Law of 18 June 2009 concerning reconciliation on civil and commercial matters, warrants a stronger legal basis for reconciliation. The aim of the decree is to encourage this practice by providing for a mandatory attempt at reconciliation in several situations (not following which can lead to the potential penalty of a declaration of nonsuit), in order to lighten the burden of the courts and to comply with the EC legal system (Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, Italian-English version: ). To encourage this practice the guarantee of total confidentiality has been introduced. Also the RC auto (insurance coverage for car accident liability) falls within the obligatory category: the attorney, on penalty of the nullification of the contract, must clearly and in writing inform the client of the possibility of making use of the reconciliation proceeding.

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Newsletter #1
The concept of“Made in Italy” in light of recent legislation.