Expertise

The Gattoni Law Firm assists its clients, weather in judicial and extrajudicial matters, in the following sectors:

  • Commercial Transaction;
  • Dispute Resolution and Injunction;
  • Corporate law;
  • Admiralty and Shipping; (Aviation and Admiralty, Shipping and International Trade, Transport and Logistic)
  • Employment Disputes, Contentious and Non Contentious
  • Intellectual Property and Copyright;
  • Family and Matrimonial Law
  • Prize events and Marketing shows             

 

COMMERCIAL TRANSACTIONS 

Gattoni Law Firm has a consolidated experience in international negotiations and agreements, with particular regard to commercial contracts such as agency, distribution, dealership, franchising, (invitation to tender) and sub-contracting.

This is a sector where legal advice is extremely important and can make a remarkable different outcome. In fact the definitions and solutions adopted by each Country on such contracts, can be so different that unknowingly you may sign an unfavorable and/or unwanted condition.

For example, all agency matter is now regulated, at the European Community level, by “Directive 86/653 / EEC” dated 18 December 1986, issued to standardize national laws regulating the relationships between commercial agents and Preponents. However, each Country has transposed the directive in an uneven manner. It becomes imperative therefore, to evaluate each transposed law in advance, to ponder which favorable consequences may derive for the principal and / or for the agent, before choosing what to state in the agency contract. In particular with reference to the agent’s severance pay, which is in fact a nodal point of any international agency relationships.

The same applies to foreign distributors when negotiating the agreements, in fact there are significant differences between the regulations in force in the various countries, with particular reference to the duration and early termination of the contract. It is of fundamental importance to choose in advance weather to apply the national and / or international legislation and to identify the competent Court.

 

DISPUTE RESOLUTION AND INJUNCTION  

 

The current economic situation in Europe makes it essential to evaluate and identify the quickest and least costly strategy to resolve an agreement and to recover credits.

For these reasons, the actions for debt recovery must first of all involve the collection of all the elements that make up the credit, in order to be able to assess how to intervene, taking into account the economic-financial situation of the debtor, the reasons for which the latter has ceased to pay as well as commercial relations with the debtor.

In any case, the first step is to send a formal notice to the debtor, with the intent of obtaining, rather through an installment payment, the spontaneous payment of what due.

Where, however, such a warning should be unsuccessful, you have to judicially obtain an enforceable title against the debtor in order to proceed with the forced execution on the assets owned by him or on the claims he owns toward third parties. 

 

The ” Référé provision ” procedure, with reference to credits against French counterparties, constitutes a rapid procedure for the recovery of uncontested claims, typical of the French legal system.

In fact, it usually opens and closes in a single hearing, during which, in the absence of a ” contestation réelle et sérieuse ” (no challenge) by the debtor, a provisionally enforceable payment order is issued against the debtor.

A similar procedure is also found in the Belgian law. Again, in the event that the claim is not contested, the creditor obtains, at the first hearing, a provisional “order to pay, allowing him to initiate the proceedings against the debtor. 

 

 

The procedure for the recognition of foreign judgments of European Courts is no longer necessary: ​​the sentence will be automatically recognized without the need for an “exequatur”.  The Regulation (EU) No. 12/15/2012, also known as the Brussels Regulation I bis, has already entered into force. 

This new provision abolishes the “exequatur”, ie the procedure by which those in possession of an enforceable title issued in a EU country, were to request the Court of Appeals to recognize its compliance (as previously provided by regulation 44/2001 ). 

The sentences issued in a European Court after January 10, 2015 are automatically enforceable in our country, without the need for further procedural formalities and viceversa. The only formality that is requested of the plaintiff is to obtain a “European” certificate from the judge who issued the sentence, in order to grant the title enforceability in any EU state, without the need for more procedures and further judicial delays.

CORPORATE LAW

 

The Gattoni Law Firm assists its clientele with reference to all aspects related to corporate law.

In particular, the firm deals with the constitution and statutory registration of companies in Italy, France, Belgium, Dubai and Singapore.  Compiling and filing the corporate governance, the articles of association and preparing the shareholders’ agreements.

The assistance also extends to the sale and purchase of companies, shares or quotas, to the transfer of companies and / or branches (including due diligence activities, the drafting and negotiation of all related agreements, such as letters of intent, preliminary and final transfer agreements, etc.) as well as extraordinary transactions such as transformation, merger and division of companies.

AVIATION AND ADMIRALTY, SHIPPING AND INTERNATIONAL TRADE, TRANSPORT AND LOGISTIC 

 

The Law Firm Gattoni offers assistance and advice in the law of shipping, transport and aviation. In this context, assistance extends to the negotiation of contracts for the purchase, financing, rental and leasing of aircraft, General Sales Agents (GSA) and contracts for the provision of airport services.

The study also provides judicial assistance for issues related to the aforementioned contractual figures, to vector liability and, more generally, in disputes concerning the transport of passengers and goods.

 

EMPLOYMENT DISPUTES AND LABOUR LAW

Gattoni law firm offers its support in the stipulation of individual and collective employment contracts (such as self-employment, corporate contracts, project employment agreements, fixed-term contracts, etc.) as well as in the drafting of any necessary act for the management of the personnel (for example, dispute letters, severance letters, interpretation of contractual and provisional clauses, personnel transfers, duties and job description changes, promotions, etc.);

In the judicial field, the firm assists in all disputes concerning the employment relationship (such as individual and collective redundancies, claims of higher qualifications, claims for compensation, damages due to mobbing or demotion, etc.) as well as the negotiation and drafting of settlement agreements.

 

INTELLECTUAL PROPERTY AND COPYRIGHT 

The Firm provides advice and assistance in the field of industrial law and intellectual property.

In particular, the assistance concerns national, EU, and international company trademarks (including the admin requirements for filing), inventions patents, know-how, licenses and unfair competition.

The Firm assists its clients both in the in the judicial and non-judicial phase of a controversy (ordinary, urgent and extraordinary, actions to null, actions to revoke), as well as in the drafting of intellectual property, copyright and trademarks contracts.

 

FAMILY AND MATRIMONIAL LAW 

The Law Firm Gattoni has acquired a specific competence and experience in family law.

In this context, their assistance extends to separation and / or divorce (both joint and judicial) practices, including the revision of these agreements, as well as issues relating to offspring and foster care of minor children.

In this sector, in which disputes arise not between strangers but between family members and, as such, can have serious repercussions on personal and psychological level, it is paramount for Studio Gattoni to achieve a good-natured composition of the separation or divorce, urging the dialogue between the parties, avoiding useless fury and working to pursue the solution most suited to the family serenity and, in the presence of minors, to the well-being of the latter.

In fact, too often one yearns to “win” in court, without considering that the causes dictated by mere feelings of revenge end up to be defeats and have damaging consequences for everyone.

 

PRIZE EVENTS AND MARKETING SHOWS 

 

In Italy, prize events (competitions and operations) had an important development in recent years, as they are a valuable tool to promote the knowledge and / or sale of products, services and / or brands.

They can be carried out by companies or distributors, even if they are not resident in Italy, provided they have their own fiscal (tax) representative in Italy.

In any case, the promoters can delegate the bureaucratic requirements necessary for their organization, to other entities such as lawyers.

To this end, Studio Gattoni provides both advice on the feasibility and implementation of the aforementioned events, and assistance in the definition and drafting of the regulation, in the compilation and filing of the necessary forms and, more generally, in each stage of the event, until the relative closure, thus relieving the companies from any bureaucratic and / or administrative fulfillment.

 

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