“It is reiterated, indeed, that the use of this scheme is not prohibited tout court, but only in the event that it constitutes the result of an upstream agreement between banking institutions that results in a uniform practice of using the same contractual form that leaves no alternatives to the client. As far as the acts are concerned, therefore, it is not suitable to prove the existence in the period between the years 2013 and 2016 of a uniform application of the model in defiance of the competitive rules. The exception relating to the invalidity of guarantees issued for compliance with some of its clauses to the ABI model must therefore be rejected”.
This was decided by judgment of 20/05/2024 by the Court of Pisa in relation to a proposed opposition against an injunction, worth approximately €300,000, obtained by Cassinelli Studio Legale for a major servicing company.
The defence team was coordinated by Roberto Cassinelli and composed of Nicola Cassinelli and Giorgia Angilletta.