The Italian Supreme Court rules on the burden of proof upon damage claimants (IFI v Revenue Agency)

Introduction By a recent judgment made in the IFI v Agenzia Entrate (Revenue Agency) [1] case the Italian Court of Cassation or Supreme Court has ruled that it is upon the plaintiff seeking damages from harm caused by anticompetitive practices to prove the quantum of such damages. The legal advice made by an appointed-court expert, though helpful, cannot relieve plaintiffs from their evidentiary burden. The facts of the case The 2005 Budget Act laid down a provision according to which, in order to use the data of the Land Registry for commercial purposes, individuals had to enter into a licence agreement with the Agency of the Territory (AT), now Revenue Agency. And licensees were also required to pay a royalty to the AT. This provision remained in force from January 2005 to

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Michele Giannino, The Italian Supreme Court rules on the burden of proof upon damage claimants (IFI v Revenue Agency), 10 September 2013, e-Competitions September 2013, Art. N° 58566

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