{"id":26622,"date":"2024-11-22T12:27:21","date_gmt":"2024-11-22T12:27:21","guid":{"rendered":"https:\/\/thinx.expert\/?p=26622"},"modified":"2024-11-22T12:28:54","modified_gmt":"2024-11-22T12:28:54","slug":"franchising-and-mandatory-mediation-in-italy","status":"publish","type":"post","link":"https:\/\/thinx.expert\/en\/franchising-and-mandatory-mediation-in-italy\/","title":{"rendered":"Franchising and mandatory mediation in Italy"},"content":{"rendered":"

Author: Dr. Giovanna Del Bene<\/span><\/i>\u00a0<\/span><\/p>\n

According to the 2024 Assofranchising Italia report, the franchising sector is experiencing significant growth, generating a turnover nearing \u20ac34 billion and contributing 1.8% to the national GDP.<\/span>\u00a0<\/span><\/p>\n

The data highlights franchising as a significant entrepreneurial and employment opportunity. <\/span>However, franchising networks are characterized by high and increasing levels of conflict, resulting in extensive litigation.<\/span>\u00a0<\/span><\/p>\n

Given the unique relationship established between parties in a franchising agreement, disputes should be resolved swiftly and confidentially to avoid adverse impacts on both networks and franchisees. <\/span>Franchising is not merely a contract but a comprehensive business project oriented towards expansion rather than production or service provision.<\/span>\u00a0<\/span><\/p>\n

The primary legal framework for the sector is Law No. 129\/2004, which governs commercial affiliation. <\/span>Article 1, paragraph 1, defines franchising as:<\/span>\u00a0<\/span><\/p>\n

“<\/span>A contract, under any designation, between two legally and economically independent legal entities, whereby one party grants the other, in exchange for payment, access to a set of industrial or intellectual property rights related to trademarks, trade names, signs, utility models, designs, copyrights, know-how, patents, technical and commercial assistance or consultancy, incorporating the franchisee into a system comprising multiple franchisees across the territory to market specific goods or services.<\/span><\/i>“<\/span>\u00a0<\/span><\/p>\n

Unfortunately, Law No. 129\/2004 focuses almost exclusively on formal requirements and the pre-contractual phase, without addressing the ongoing franchising relationship, which should be guided by loyalty, fairness, good faith, transparency, and complete information.<\/span>\u00a0<\/span><\/p>\n

Recognizing the nature of disputes that arise in franchising relationships, the legislator determined that such disputes are better suited for resolution through conciliation rather than judicial rulings. <\/span>Consequently, franchising was included in the list of matters subject to mandatory mediation under Article 5 of Legislative Decree No. 28 of March 4, 2010, as amended, concerning civil and commercial mediation.<\/span>\u00a0<\/span><\/p>\n

Among the most frequent causes of litigation in franchising are:<\/span>\u00a0<\/span><\/p>\n