Litigation & Arbitration – May 2019

In this issue of our Litigation & Arbitration Newsletter we have considered a decision of the Court of Milan (dated 25 January 2018) that identifies the scope of precautionary protection in case of damage to honour and reputation. The preventive measure that, according to the Court of Milan, ensures a fair balance between the right to judicial protection and the prohibition of the seizure of the press is the request for an “update” of the information published including clarifications of the person concerned.

We will then focus on the key events key events related to the voluntary termination of the company structure. A recent ruling of the Court of Rome (decree of 8 June 2018) stated that in case of voluntary winding-up of a company carried out during a proceeding introduced by the same company, it is presumed that this one has tacitly waived the claim relating to the receivable, uncertain and illiquid, for which there is not an automatic ‘phenomenon of succession’ of the shareholders of the extinct company.

Finally, we will examine the drafting techniques of lawsuits, both in relation to the risk of inadmissibility of deeds with the Supreme Court, and in relation to the incentives introduced by Ministerial Decrees 37/2018. The recent reforms addressing proceedings before the Supreme Court devote a great deal of attention to drafting techniques, since the strengthening of procedural filters, in accordance with the “nomophylaptic” function of the Supreme Court, poses certain risks of inadmissibility. On the other hand, there is also a tendency towards promoting the use of IT and electronic systems to ensure more rapid and substantially fairer proceedings.