Miglionico Angela v Sun World International LLC (Italian Supreme Court (Court of Cassation), case 25489/2022, Sentenza No. 9429/2024)

Procedural record

1. 20 April 2018Arbitration

   20 April 2018Arbitration

   Partial arbitral award of 20 April 2018

   Milan Chamber of Arbitration

   Decision summary

   The arbitral tribunal held that it had jurisdiction to decide the dispute arising from the parties’ contract.

   Participants

   Sun World International LLC

   Miglionico Angela

   Milan Chamber of Arbitration

   8 months and 18 days later · 262 days

2. 7 January 2019Arbitration

   7 January 2019Arbitration

   Final arbitral award of 7 January 2019

   Milan Chamber of Arbitration

   Decision summary

   The tribunal found that Miglionico breached the contract by selling Scarlotta Seedless grapes to unauthorized distributors, declared the contract terminated for her fault, ordered removal of the Sugranineteen plants, awarded Sun World nominal damages of EUR 1, and allocated legal and arbitration costs between the parties; it rejected the remaining claims.

   Participants

   Sun World International LLC

   Miglionico Angela

   Milan Chamber of Arbitration

   3 years, 6 months and 29 days later · 1306 days

3. 5 August 2022Italy

   5 August 2022Italy

   Decision of the Milan Court of Appeal in the case 2704/2022 dated 5 August 2022

   Milan Court of Appeal

   Decision summary

   The Court of Appeal rejected the challenge to the partial award and declared the challenge to the final award, and Sun World’s cross-appeal, inadmissible and/or unfounded. It ordered Miglionico to pay three quarters of Sun World’s litigation costs, assessed at EUR 7,136.25 plus applicable additional amounts.

   Participants

   Angela Miglionico

   Sun World International LLC

   Milan Court of Appeal

   Authorities cited

   4

   • Italian Code of Civil Procedure
     statute
   • Italian Civil Code
     statute
   • Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 10 June 1958)
     treaty
   • Italian Law No. 62 of 17 January 1968
     statute

   1 year, 8 months and 4 days later · 613 days

4. 9 April 2024Italy

   9 April 2024Italy

   Decision of the Italian Supreme Court (Court of Cassation) in the case 25489/2022 (Sentenza No. 9429/2024)

   Italian Supreme Court (Court of Cassation)

   Decision summary

   The Court of Cassation upheld Angela Miglionico’s appeal on the second ground and declared the first ground inadmissible. It quashed the Milan Court of Appeal’s judgment insofar as it rejected the challenge based on the Community plant variety protection rules, holding that a contractual clause giving the rights holder control over purchasers of fruit produced from authorized plant variety constituents is contrary to public policy under Article 13(2) and (3) of Regulation (EC) No. 2100/94 as interpreted by the Court of Justice. The case was remanded to the Milan Court of Appeal in a different composition for a new examination.

   Participants

   Angela Miglionico

   Representative

   Francesco Saverio Costantino (For: Angela Miglionico)

   Sun World International LLC

   Representative

   Fabrizio Jacobacci (For: Sun World International LLC)

   Representative

   Emanuela Truffo (For: Sun World International LLC)

   Representative

   Claudia Scapicchio (For: Sun World International LLC)

   Italian Supreme Court (Court of Cassation)

   Judge

   Eduardo Campese

   Advocate General

   Rita Sanlorenzo

   Authorities cited

   8

   • Italian Code of Civil Procedure
     statute
   • Italian Civil Code
     statute
   • Council Regulation (EC) No. 2100/94 of 27 July 1994 concerning Community plant variety rights (Council Regulation (EC) No. 2100/94 of 27 July 1994)
     regulation
   • Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 10 June 1958)
     treaty
   • Italian Law No. 62 of 17 January 1968
     statute
   • Treaty on the Functioning of the European Union
     treaty
   • Treaty on European Union
     treaty
   • Court of Justice of the European Union, Nadorcott, 19 December 2019, C-176/18 (CJEU, 19 December 2019, C-176/18)
     case