Arbitral Digest

Matter

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

  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.

    Supporting details

    2 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.

    Supporting details

    2 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.

    Supporting details

    4 authorities · 2 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
  4. Date not availableItaly

    Date not availableItaly

    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.

    Supporting details

    8 authorities · 8 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)
    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

Matter record

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