Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione

Date: 07/31/2008

Subject: The Court of Cassation has quashed with revert to the Court of Appeal the sentence pointing out that, also in the light of the Court of Justice’s guideline in the matter of freedom of circulation, norms containing references to the SIAE mark must be disapplied by the Italian judge only when its affixing is necessary condition for the free commercialization of the product; only in this case National norms are in contrast with Community norms, and not also when they prevent frauds or guarantee the consumer.

Original language: Italian

Classification: Freedoms - Art. 17 Right to property

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