Morri Rossetti & Franzosi secures a significant win before the Court of Appeal for IMA S.p.A.

Morri Rossetti & Franzosi assisted IMA S.p.A. – the holding company of the IMA Group, an Italian leader in the packaging sector with a turnover of approximately €2.5 billion – in litigation against a competing company, which concluded with the recognition in IMA’s favour of a total amount exceeding €1.6 million.

The dispute concerned the restitution of sums paid on the basis of a previous judgment in a patent matter, which was subsequently quashed without referral by the Italian Supreme Court (Court of Cassation).

In the proceedings, IMA was represented by a team comprising Prof. Mario Franzosi, Federica Santonocito and Michele Loconsole. The firm’s legal team was also supported by Maria Lucia Sireci, Manager of the Legal and Litigation Department of IMA S.p.A.

In its judgment issued on 3 December, the Milan Court of Appeal upheld IMA’s claims, clarifying that the restitution action provided for by the legal system in cases where a decision is overturned is based solely on the annulment of the judgment itself. According to the Milan judges, this results in an automatic obligation on the counterparty to repay the sums previously received and in the disappearance of any legal basis justifying their retention.

 

The Court further clarified that the counterparty’s assertion of an alleged set-off claim does not allow it either to retain the sums due pending set-off or to stay the restitution proceedings, in line with established case law.

Of particular significance was also the ruling on interest. Referring to a recent line of authority of the Court of Cassation, the Court of Appeal specified that the increased statutory interest rate provided for under the Italian Civil Code applies not only to contractual obligations, but also to obligations arising from tort or from other acts or facts capable of giving rise to them. Applying these principles, the Court of Appeal ordered the counterparty to repay to IMA the entire principal amount paid – just under €1.4 million – together with interest and legal costs, bringing the total amount awarded to over €1.6 million.

Meanwhile, separate proceedings between IMA and the competing company are continuing before the Milan Court, concerning the validity and infringement of the utility model that replaced one of the original patents annulled by the European Patent Office (EPO).