CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – ITALY – PRIVATE ENFORCEMENT – ACTION FOR ANNULMENT – CARTEL

Italy: Tribunals of Napoli, Cuneo, Padua, Trapani, Teramo and Verona refuse to annul contracts concluded after the implementation of a cartel discovered after the conclusion of these contracts (ABI)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The "omnibus bonds" on which the Court of Cassation had ruled in 2017 (Cass. civ., 20 Sept. 2017, Albatel v. Unicredit, No. 29810, published on 12 Dec. 2017, see our commentary, Concurrences No. 1-2018, p. 204) have not finished fuelling the litigation before the courts of substance. An "omnibus surety" is a personal guarantee to which a person, the guarantor, commits himself vis-à-vis a creditor banking institution and for the benefit of a specific debtor, ensuring the performance of the latter's obligations, up to a certain amount called the "maximum guaranteed amount". Several banking institutions drafted the surety contracts in accordance

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Silvia Pietrini, Italy: Tribunals of Napoli, Cuneo, Padua, Trapani, Teramo and Verona refuse to annul contracts concluded after the implementation of a cartel discovered after the conclusion of these contracts (ABI), 28 February 2019, Concurrences N° 2-2019, Art. N° 90578, pp. 204-206

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