After a 12 years dispute, the Italian Suprem Court (Corte di Cassazione) has put an end to the case between Pierre Cardin and Multipartner S.p.a., assisted by our firm.
With an order of 9 October 2020, the Supreme Court confirmed the award by which the well-known designer had been sentenced to compensate damages suffered by Multipartner s.p.a. for violation of the good faith principle of law in pre-contractual negotiations.
In particular, the Supreme Court affirmed a very interesting principle on the appeal against the award pursuant to Article 829 III of the Italian Criminal Code for violation of public order.
The rule that subordinates the payment of the commission to registration of mediator in concerning register (Art. 6 Law 39/1989) does not fall within the public order referred to in Art. 829 of the Civil Code, since it is not a fundamental principle of the Italian legal system, but an organisational rule of that profession.
Therefore, the appeal against the award for alleged violation of public order based on violation of Article 6 of Law 39/1989 has been rejected.
(Ord. Cass. 9 October 2020, conf. App. Milan 20 May 2015)