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20 November 2017
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Definitive anti-dumping duty, Implementing Regulation (EU) no. 1238/2013, Judgment of the Court of Justice EU (Ninth Chamber) of 9 November 2017

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(Appeal — Dumping — Implementing Regulation (EU) No 1238/2013 — Article 3 — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China — Definitive anti-dumping duty — Exemption of imports covered by an accepted undertaking — Severability) In Case C 204/16 P, APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 11 April 2016, omitted applicant, the other parties to the proceedings being: omitted, omitted, applicants at first instance, Council of the European Union, acting as Agent, defendant at first instance, European Commission, acting as Agents, omitted, interveners at first instance, THE COURT (Ninth Chamber), gives the following Judgment 1        By its appeal, …. asks the Court to set aside the order of the...

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20 November 2017
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Banking Law, Supreme Court of Cassation, Order of October 4, 2017 n. 23192/17, there is no interest to both sums and deadlines that exceed the threshold rate

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With regard to mortgage contract, art 1 of Law no. 108 of 1996, which provides for the fixing of a threshold rate beyond which the agreed interests are to be regarded as usurpatory, concerns both the corresponding interest and the time-limits for interim measures (Cass 04 April 2003, No 5324). The Court of First Instance was therefore wrong to hold that the threshold rate had not been exceeded in the present case only because it would not be possible to aggregate the interest at the time of the proceedings in order to ascertain whether that rate was exceeded (Cass Ord....

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17 November 2017
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Intellectual and industrial property – EU trade mark, Judgment of the European Court of Justice, Ninth Section, 19 October 2017

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(Reference for a preliminary ruling — Intellectual and industrial property — EU trade mark — Regulation (EC) No 207/2009 — Article 96(a) — Infringement proceedings — Article 99(1) — Presumption of validity — Article 100 — Counterclaim for a declaration of invalidity — Relationship between an action for infringement and a counterclaim for a declaration of invalidity — Procedural autonomy) In Case C 425/16, REQUEST for a preliminary ruling under Article 267 TFEU from the Oberster Gerichtshof (Supreme Court, Austria), made by decision of 12 July 2016, received at the Court on 1 August 2016, in the proceedings omitted v omitted, THE COURT (Ninth Chamber), after hearing the Opinion of the Advocate General at the sitting on 20 June 2017, gives the following Judgment 1        This request for a preliminary ruling...

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15 November 2017
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Community Customs Code, Non-Community goods, Customs procedure for the external Community transit, Determination of customs value, Judgment of the Court of Justice of the European Union, Fifth Chamber 9 November 2017

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Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Community Customs Code — Non-Community goods — External Community customs transit procedure — Unlawful removal from customs supervision of goods liable to import duties — Determination of the customs value — Article 29(1) — Conditions for the application of the transaction value method — Articles 30 and 31 — Choice of the method for determining the customs value — Obligation imposed upon the customs authorities to state reasons for the chosen method) In Case C 46/16, REQUEST for a preliminary ruling under Article 267 TFEU from the Augstākā tiesa (Supreme Court, Latvia), made by decision of 21 January 2016, received at the Court on 27 January 2016,...

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10 November 2017
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Project Finance, Regional Administrative Court of Trento, Section One, judgment no. 53 of 16 February 2017, ascertaining the pre-contractual and procedural liability for the withdrawal of the tendering procedure and damages

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Passim The Regional Court was asked to ascertain the pre-contractual and procedural responsibility for the withdrawal of the contract award procedure, through the use of project finance, of the contract for final and executive design, construction and the subsequent management , consequently condemning the “omission” to pay what was due for damages or, subordinately, as compensation under art. 21-quinquies of Law n. 241/1990, upon annulment, where appropriate, management determination no. The Board notes that the revocation orders are typical acts of a discretionary nature and that the discretion of the Administration in the adoption of measures of the species is even wider...

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09 November 2017
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Administrative Law and Energy, Unions of the Supreme Court of Cassation, the exclusive jurisdiction of the Administrative Judge

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The United Sections, by deciding the corresponding regulation, by Ordinance no. 10409 of 27/04/2017 affirmed the existence of the exclusive jurisdiction of the Administrative Judge, ex art. 133, paragraph 1, lett. c), c., in relation to disputes relating to the legitimacy, or not, of retroactivity, which can be derived from the combined provisions of Art. 4, paragraphs 1 and 8, paragraph 1, of the d. 6 February 2006, on the abolition of the Istat update of the incentive tariffs for electricity produced from renewable sources, as provided by d.m. 28 July 2005, even if requested before the first of those...

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09 November 2017
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Banking Law, Supreme Court of Cassation

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usurper interests - global effective rate - maximum uncovered commission - The 1st Civil Section of the Supreme Court of Cassation with interlocutory order no. 15188 of 20/06/2017 has given the First President, for the possible assignment to the Unions Sections, the issue of contrast, as well as considered to be of particular importance, if the new discipline on the subject of maximum open commission introduced by the art . 2-bis of l. n. 2 of 2009 is of a genuine interpretation of the law on wear, or is innovative in nature, as it is intended to establish, only for relations...

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08 November 2017
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Code of Public Contracts, Project financing, Elimination of the entire procedure and claims for damages, Council of State in court, Section Fifth, Judgment of 18 January 2017, no. 207

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Judgment of the State Council issued for reform of the judgment of T.A.R. Campania Naples Section I, no. 3347/2015, concerning compensation for damages resulting from the elimination of the whole project financing procedure. With regard to project financing, it is recalled by the case law of the Council of State: once public property has been declared a public works proposal and therefore identifed as a private promoter, the Administration is not obliged to undertake the 'reliance on the relative concession, since: (a) that choice constitutes a typical and prevalent manifestation of administrative discretion involving extensive assessments of the existence of a public interest...

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