In accordance with Article 409 and bespoke, the Code of Civil Procedure provides that the agent fulfils his contractual obligations mainly as an individual: where the agency agreement is governed by Italian law and the Italian courts are competent, all disputes arising from the agency agreement are submitted to the labour court in the district where the agent resides (see Article 413 CPC) and the judicial procedure is governed by procedural rules similar to those applicable to labour disputes. CBAs: If the agreement is governed by Italian law, CBAs are valid, while those with contractual value do not apply, unless they are expressly mentioned or applied de facto. Under the ”Rome I” regulation, Italian law may apply in principle to an international agency agreement (i) if it is chosen by the parties as the law governing the agreement (either expressly or as Article 3 otherwise permits); or (ii) no choice if the agent has his or her home or headquarters in Italy (according to the term ”home” in accordance with Article 19). Gazzetta dello Sport (link in Italian), a prestigious publication of Italy on a history today claims that Chelsea has obtained an oral agreement with Antonio Conte. However, while registration and contribution to the pension fund are still mandatory, as required by law, contributions to the FIRR are only mandatory for agency agreements, which are governed by contractual agreements. CBAs: They would not apply (as the agent occurs abroad), unless the agreement is specifically mentioned or enforced de facto. The proposed new agreement will run from 2020 to 2024, after the ACI General Council has instructed ACI President Angel Sticchi Damiani to negotiate with Formula 1 all technical and commercial issues related to the partnership, in order to reach a formal signature of the agreement as soon as possible. In principle, these rules apply when the agent enters into the agreement as an individual contractor or individual contractor, whereas, according to the majority of scholars and the case law, they do not apply where the agent is a business. In general, the CBA intends to transpose the provisions of the Civil Code and the provisions of Directive 653/86. However, contract CBAs often deviate from these rules and some discrepancies are significant.
For example, CBAs allow a client to unilaterally change the representative`s territory, contract products, customer range, commission. CBAs determine in part differently the length of notice when indeterminate contracts are terminated. CBAs have their own calculation of the representative`s remuneration for the post-contract competition contract. CBAs have special rules regarding severance pay. Therefore, agency agreements are automatically applicable to agency agreements subject to Italian law and executed by the agent in Italy; but, in the case of contractual CBAs, provided that both parties are members of associations that have entered into such agreements. According to some researchers, it is enough that the client is the sole member of such an association. Chamber of Commerce: In principle, a representative established as a foreigner is not required to register in Italy. However, the problem could be more complex if the officer has a head office and operates primarily in Italy.