Leading Supreme Court’s Judgment on the Retail Business Law in Italy
On the 17th of February 2020, with the judgment n° 3888/2020, the “Corte di Cassazione” has (finally) concluded the querelle of decades on the nature of the lease contracts for stores located in Shopping Centres and the like in Italy.
The Court has confirmed, in a nutshell, that the business unit rental contracts (namely “Affitti di Ramo d’Azienda”) concerning the abovementioned retail stores (i.e. including, in real substance, the real estate property and the administrative authorization) actually are “Locazioni d’Immobile”, not “Affitti di Ramo d’Azienda”.
This key-judgment has an impact of immeasurable relevance on tenants' relationships with landlords in all Italian Shopping Centres and Outlets, but also (indeed, even more so) for many street shops, which are likewise regulated by the abovementioned “Affitti di Ramo d’Azienda” agreements.
CDT Legal assists more than 40 brands in the development of their retail business and has so acquired maximum expertise on these kinds of leases. Through the analysis of the “Affitto di Ramo d’Azienda” contracts, we may so clarify all the benefits, which derive from the fundamental Supreme Court’s Judgement.