With a judgment of 18 November 2024, the Court of Appeal of L’Aquila, reiterated that “in the context of antitrust actions in the field of omnibus sureties, it is necessary to make a clear distinction between the cases (so-called “follow-on” cases) concerning the nullity of the omnibus surety contracts prior to measure no. 55 of 2 May 2005 of the Bank of Italy and the cases (so-called “stand alone” cases) concerning omnibus surety contracts signed after said measure”. In the “follow-on” cases – as has emerged from several rulings – it can be used as privileged evidence, in relation to the existence of the antitrust offence ascertained, of the measure no. 55/2005 taken by the Bank of Italy (where produced), while in the “stand alone” cases, such as that object of this judgment, in application of the general rule referred to in Article 2697 of the Italian Civil Code, the plaintiff is burdened with the allegation and demonstration of all the constituent elements of the case, including that of the very existence of an unlawful agreement at the time of signing the contested contracts”.
For these reasons, the Court of Abruzzo rejected the appeal proposed by a real estate company against a bank servicing company, assisted by Cassinelli Studio Legale.
The client was assisted by Roberto Cassinelli with Nicola Cassinelli and Vittorio Bertorello.