CDT has assisted two French companies, which are among beauty market worldwide top brands, in a proceeding before the Italian Courts stated by the Italian dealer. The Judge has recognized the exclusive competence of the French judge and other preliminary pleas and objections, that we have objected according to the international rules of law, so that the dealer’s claim was rejected.
Addressing this issue, the knowledge of the French language of the law firm's professionals was fundamental, as well as the international skills in the approach to the matter.
Dealer’s action cannot be accepted, due to the lack of “periculum in mora”, because, as objected by our defense deed, the risk was not actual.
Also the Judge recognized our defense about the fact that:
- urgent measures pursuant to Art. 700 of the Italian Civil Proc.Code (as this was the case) cannot be granted, if the claimant can only obtain compensation of damages, because compensation of damages is not a provisional measure, it is a definitive decision on the merits, which can accordingly only be taken by the Judge which is competent for the merits, i.e. in France;
- moreover, in this specific case, the measures required by the dealer would have been completely useless.