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Recent News From Graziotto Legal - International Law Firm

  • Jurisdiction on international sale of goods from Italy

    Jurisdiction on international sale of goods from Italy

    Published: 11 Apr 2017

    Decision: Decision No. 3558/2017 by the Joint Sections of the Court of Cassation In international sale of goods involving an Italian seller, if the parties did not rule jurisdiction, but explicitly agreed about the actual place of delivery in a EU Country different from Italy, Italian Courts lack jurisdiction. The concept of “place in a Member State where, under the contract, the goods were de...

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  • Preliminary ruling on jurisdiction cannot be raised by a defendant established in Italy

    Preliminary ruling on jurisdiction cannot be raised by a defendant established in Italy

    Published: 04 Apr 2017

    Decision No. 2736/2017 by the Joint Sections of the Court of Cassation Under the Italy law system, the  preliminary ruling on Italy’s jurisdiction is an extraordinary and exceptional institute, and cannot be raised by a defendant having residence or domicile in Italy. The case. An American company served an injunctive decree (order to pay) for approx. € 350K to an Italian firm. The It...

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  • How foreign investors can boost IRR of their investments in Italy

    How foreign investors can boost IRR of their investments in Italy

    Published: 24 Mar 2017

    Under condition some key rules are observed, Italy is a great Country to invest into. In general, foreign investors and groups are very much focused on nominal IRR (internal rate of return), but with Italy this might prove to be a partial approach. One of the most though concepts that international observers understand is the complexity of the Italy law system itself (which is based, since t...

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  • Irreducibility of VAT receivables is not anymore banned in pre-bankruptcy composition agreements in Italy

    Irreducibility of VAT receivables is not anymore banned in pre-bankruptcy composition agreements in Italy

    Published: 02 Mar 2017

    Italy: the joint sections of the Supreme Court stated that the tax debt restructuring agreement is a special procedure, and the provision set by art. 182-ter of the Insolvency Act, which does not allow the reducibility of the tax receivable for VAT, does not apply to the pre-bankruptcy composition agreement, which is a general procedure, not suffering from such a limit.  Decision: No. 26988...

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