In the second half of 2024 the Tribunal of Florence, in a litigation commenced by a sub-supplier vis-à-vis a world-wide renowned fashion brand, rejected the claim of the sub-supplier which maintained that the alleged direction and coordination by the fashion brand pursuant to art. 2497 c.c. had damaged the sub-supplier to the extent that it was eventually forced to shut down its production sites.
The factual background is the 16-year long commercial relationship between a fashion brand and a sub-supplier of textile products (mainly envelops for luxury leather products). The relationship was governed by a supply agreement (actually a production agreement or “appalto” subject to law no. 198 of 1988 on sub-supply). After many years the sub-supplier was not any more able to provide a valid and still in force DURC (Documento Unico di Regolarità Contributiva proving its compliance with its social security obligations). The fashion brand tried to help the sub-supplier but unsuccessfully, therefore they then entered into a termination agreement.
After one year from the termination agreement the sub-supplier claimed the unlawfulness of the termination arguing that the decline of its business and the inability to fulfill its payment obligations vis-à-vis the social security authority was due to the abusive interference of the fashion brand which allegedly had manipulated the sub-supplier and its managing director (and shareholder) in order to exploit the sub-supplier to the maximum extent, by imposing unfair contractual conditions.
The decision is articulated. In a number of short notes we will review each of the main legal points examined by the court which led to the rejection of the claim of the sub-supplier.