Copia di "Article 62" bis 1
Published on Nov 19, 2015
Italian law on trade relations in the sale of agri-product and food
MORE DECKS TO EXPLORE
PRESENTATION OUTLINE
Regulate B2B trade relations
- law into force Oct. 24, 2012
- law into force Oct. 24, 2012
- regulatory decree (MoA, MoI)
- regulatory decree (MoA, MoI)
- a) agri-products (Annex I FTEU)
- a) agri-product (Annex I FTEU)
- b) food (Art. reg. 178/2002/CE)
- apply to all sales along the chain
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exemptions
- sales to final consumer
- Coop/PO & members conferrals
- "instant sales": price paid at delivery
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Entities involved
- Ministries of Agriculture and Industry
- National Antitrust Authority
- Finance Police body
- Court (Judge assess contract nullity ex officio)
- any intested party: Associations, PO, etc.
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three pillars
- mandatory written contracts
- ban of unfair practices
- maximum terms of payment
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Free form written contracts but:
- characteristics of the goods
- characteristics of the goods
- period of validity
- period of validity
- price and quantity
- price and quantity
- deliver
- delivery methods & form of payment
- other services
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Unfair practices banned
- unjustified costly conditions
- unjustified costly conditions
- different conditions for same service
- different conditions for same service
- Ujyhyhyhhy
- practices not linked to nature of goods
- unilateral unjustified activities
- HLF 29.11.11 principles annex to decree
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Maximum terms of payment
- from end of month of received invoice:
- 30 days for perishable goods
- 60 days for not perishable goods
- late payment legal interest applied
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FINES
- imposed by National Antitrust Authority
- incomplete contract: 516 to 20K€
- unfair practices: 516 to 3K€/event
- late payment: 500 to 500K€/turnover
- proceed fund study on food for consumers
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