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Faced with consumers’ increasing ethical and sustainability demands with respect to the products they buy, most multinational companies publish so-called “Codes of Ethics.” But the voluntary basis for their adoption raises the question their legal value, especially when the company itself infringes on its own internal code.

Legislative Decree No. 28 of 10 March 2023, Italy transposes in Italy Directive (EU) 2020/1828, which introduces the concept of representative action.

Freedom of expression, which is the cornerstone of any democratic society, applies equally to “inoffensive” ideas and to those that “offend, shock or disturb”. But how far can it go? The ECtHR ruled for the first time, on 9 February 2023 (applications n°58951/18 and 1308/19, case C8 v. France), that homophobia and sexism in a strictly entertainment-oriented television program exceeded the limits of freedom of expression.

The European Economic and Social Committee expressed its opinion on 23 February on the Proposal for a European Directive on “Strategic lawsuits against public participation” (“SLAPP”). It recommends, among other things, and the possibility for the defendant to consolidate the proceedings in the same jurisdiction. This raises the issue of the European rules of jurisdiction applicable to online defamation cases, which tend to leave the door open to “forum shopping”.

The administrator of a blog who does not remove from his blog an anonymous publication which he knows to be defamatory is liable as an accomplice for such a defamation, as part of the aggravating factor provided for in Article 595 paragraph 3 of the Italian Criminal Code. This case is an opportunity to examine the solution that could have been given in French law when facing similar facts.

Discover the various benefits of creating or investing in an Italian innovative start-up (tax reliefs, simplified procedures, flexible labor regulations, among other things).

Pursuant to Article 9 of EU Regulation 2017/1001 the proprietor of an EU trademark can prohibit all third party from using, without his consent, any sign identical with his trademark in relation to goods or services which are identical with those for which the trademark was registered. But does this provision also apply to the operator of an online marketplace such as Amazon, which is not at the origin of the infringement but still makes it appear on its website? By using the concept of perception of the “reasonably well-informed and reasonably observant user”, the Court of Justice establishes Amazon’s liability in this ruling of November 2022.

Even before it was considered by the European Union, the French legislator incorporatedan obligation of Due Diligence for parent companies (once considered to be only “soft law”) into positive law.

But what is exactly contained in the FrenchDue Diligence Law (n°2017-399 of March 27, 2017), and to which companies does it apply? 

As part of his employment contract, a worker may be required to perform a temporary assignment in another EU Member State. Such a contract remains in principle subject to the law of the home country in accordance with the Rome I Regulation, except for a “hard core” of mandatory rules from the host Member State.

L'avv. Amorese terrà una lezione introduttiva sull'arbitrato nell'ambito del corso organizzato dalla Camera civile di Bergamo in collaborazione con Consiglio notarile e Ordine dei commercialisti e degli esperti contabili di Bergamo.Quando: 25/1/2016Dove: Bergamo

L'avv. Amorese parteciperà in qualità di relatore al convegno annuale organizzato dalla New York State Bar Association per discutere dei problemi deontologici collegati alla professione in un contesto internazionale. New York State Bar Association - International...

L'avv. Amorese parteciperà con una relazione in materia di rapporti pendenti e concordato alla luce della recente riforma delle procedure concorsuali al convegno organizzato dalla Camera civile di Cremona con il patrocinio della locale Camera di Commercio. 28 aprile...