News
Contracts between professional and consumer and evaluation of the unfairness of the clauses
- 06/09/2021
The Court of Cassation with the decision n. 23655 on August 31st, 2021, established that the provision by which the Italian Competition Authorityn (AGCM), in the exercise of its public protection powers, ascertained that some contractual clauses were affected by a lack of clarity and comprehensibility and were contrary to the principles of the Directive 93/13/EEC, as developed by the Court of Justice of the European Union, and of the Articles 33 et ss. of the Italian Consumer Code assumes a privileged and presumptive value in the civil judgment, established between the seller/supplier and the consumer. In particular, a legal presumption operates in the civil judgment, capable of poof in contrary, not expressly sanctioned by the law, but derived from the public protection function assigned to the AGCM.
NEWS
The Council of State reaffirms some principles in the field of public procurement
02/05/2024The Council of State, Section V, in its judgment of 12 February 2024, no. 1372, rendered on the subject of tender contracts, ruled that the instrument of "soccorso istruttorio" cannot be used to re...
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...
