Rimedi privatistici in materia di pratiche commerciali sleali nei rapporti tra imprese nella filiera agricola e alimentare

Abstract

The paper focuses on the regulation of payment terms. The abusive use of such terms is considered as an unfair commercial practice, which is an obstacle to competition in the agricultural and food supply chain. The paper tries to analyze the applicability of art. 9, l. 192/1998 and the dubious expansive scope of art. 4, Legislative Decree 198/2021, which implements in the Italian legal system the directive 2019/633. Further, the paper focuses on the effective remedies for breach of payment terms, taking into consideration general principles of obligation's law. In conclusion, the paper analyzes the different impact that a minimum harmonization directive has had on EE.UU. State Members and the regulation of regulatory arbitrage.