[LITIGATION] Oct. 2018 – Mr Vaccaro secures a victory at the Grand Chamber of Italy’s Supreme Court of Cassation on cross-border interference dispute

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Oct. 2018 – With decision no. 27164/2018, the Grand Chamber for civil law matters (‘Sezioni Unite Civili’) of Italy’s Supreme Court of Cassation rejected the petition to quash the decision of the Court of Appeal of Trieste – where Mr. Vaccaro had secured a victory for Italian broadcasters harmfully interfered by foreign broadcasters in and around the area of Trieste.

Preliminarily, the Supreme Court, inter alia recalling the case-law of the Court of Justice of the European Union, rejected the jurisdictional challenge against Italian courts and confirmed that in this type of cases jurisdiction is attached to the locus commissi delicti, hence to the place (and courts) where the harmful interference is produced, and not where the (foreign) interfering broadcasting station is located.

Significantly, the Supreme Court also established that the international convention on Radio-Regulations (1984) has no binding character per se, hence non-conformity of a State Party to its Master Registry (by not timely and/or punctually indicating domestic frequency assignations) does not justify cross-border harmful interference.

[ARBITRATION] Nov. 2018 – Vaccaro-Incisa appointed sole arbitrator in commercial dispute

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Nov. 2018 – Dr. Vaccaro-Incisa has been appointed sole arbitrator in institutional proceedings for the settlement of a dispute related to property aspects of an international M&A operation. No further details may be disclosed at this time.

[ARBITRATION] May 2018 – Dr. Vaccaro-Incisa appointed sole-arbitrator in international fashion & textile commercial dispute

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May 23rd, 2018 – Dr. Vaccaro-Incisa has been appointed for the 1st time sole arbitrator to solve an international dispute in the fashion & textile sector in Southeastern Europe. Information over parties and proceedings are, for the time being, confidential.*

*Parties have agreed to the information shared on this page.

Oct. 9, 2017 – Mr. Felice Vaccaro awarded the International Advisory Experts Award

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Oct. 9, 2017 – Highlighting a continuing successful professional activity, Mr. Vaccaro has been awarded the 2018 International Advisory Experts Award for the category “media law”.

All counsels of the Law Bureau wish to congratulate with Mr. Vaccaro for the renewed confirmation of the wide appreciation of his longstanding work.

[LITIGATION] Apr. 2017 – Second opinion on the interpretation of the Radio Regulations Articles

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May 2017 – In connection with another cross-border radio-interference between Italian and Slovenian radio broadcasting operators, Prof. Vaccaro-Incisa has delivered to the Court of Appeal of Trieste an opinion on the interpretation of Arts. 8 and 11 of the International Telecommunication Radio Regulations Articles.

[ARBITRATION] Dec. 2016 – Vaccaro-Incisa delivers expert opinion for an investment arbitration tribunal

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Dec. 12, 2016 – In connection with an ongoing investment arbitration, Dr. Vaccaro-Incisa has delivered a review of the Italian bilateral investment treaty (BIT) practice on the investor-State dispute settlement clause.

The review follows a thorough analytical method elaborated by Dr. Vaccaro-Incisa, already employed in his previous and ongoing work on Chinese and ASEAN treaty practice.

No further details may be disclosed at this time.

[LITIGATION] Oct. 6, 2016 – Mr. Vaccaro pleads before the Italian Constitutional Court

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Oct. 6th, 2015 – Today, in a high-level public hearing, Mr. Vaccaro has pleaded before the Italian Constitutional Court, representing the interests of a consortium of regional broadcasters, in proceedings opposing the Italian national broadcaster (RAI) jointly with the principal private Italian free broadcasting group (Mediaset) against the principal pay-per-view actor (Sky Italia) on the interpretation of the Italian law on advertising.

Juge-rapporteur of the Court for the case is Professor Giuliano Amato, former Prime Minister of the Italian Republic.

The pleading of Mr. Vaccaro, commended for its quality and clarity, has been independently uploaded on YouTube (you may find it here).

[CONTRACT NEGOTIATION] May 5, 2016 – Negotiations for the construction of the deepest swimming pool in Asia: deal closed (Taiwan)

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May 5, 2016 – In advising “Y-40 – the deep joy”, the world’s deepest pool, and his visionary creator, civil engineer Mr. Emanuele Boaretto, the Firm recently concluded a package of negotiations for the construction and management of the deepest pool on the Asian continent.

Y 40Negotiations have been led by Dr. Vaccaro-Incisa. No further details may be disclosed at this time.

Negotiations for a second outstanding project, within the EU, are under way.

[LITIGATION] 4 Feb. 2016 – Treviso Court grants Mr. Vaccaro’s request for injunction in cross-border harmful interference case (Italy-Slovenia)

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Feb. 4th, 2016 – With ruling no. 305/2016, the Civil Court of Treviso upheld the request for an injuction order filed by Mr. Felice Vaccaro on behalf of a national Italian radio broadcaster whose radio signal is being illegitimately interfered by a Slovenian private radio broadcaster well past the border between Italy and Slovenia (including, most notably, the densely populated areas in and around the cities of Trieste, Gorizia, and Udine). The Court ordered the Slovenian radio broadcaster to cease the harmful interference.

[LITIGATION] 20 Jan. 2016 – Veneto Administrative Court upholds Mr. Vaccaro defense on radio-TV installations in protected areas

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Jan. 20th, 2016 -The Administrative Court of Veneto Region (TAR Veneto) rejected the appeals presented by the Municipality of Valdobbiadene (well known for the sparkling wine ‘Prosecco’) against prior judicial decisions annulling the Municipality’s orders unduly constraining the broadcasting installations and activities of various radio broadcasters, defended by Mr. Felice Vaccaro.

The Administrative Court decision is noteworthy as it carefully reviews, in accordance with Mr. Vaccaro interpretation, the intertwine between the laws on constructions, broadcasting activity and areas subject to special landscape restrictions.

 Sent. 50/2016

 Sent. 53/2016