Monday, August 02, 2021
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The unlawful application of the “Vero cuoio” logo on shoes imported from third Countries is a crime

The Supreme Court, with decision 2 March 2009, n. 9261, clarifies that those who release for free circulation in Italy shoes bearing the trademark “vera pelle” or “vero cuoio” without holding a trademark license regularly released by the trademark-holder, are responsible under the article 474 of the Italian Criminal Code (for the crime of “introduction in the territory of the State and trade of goods bearing false marks”). Plus, in this case, the administrative remedy introduced by article 4 of the financial law for 2004 (providing the possibility to regularize goods through the removal of the false marks from products irregularly imported), must be considered inapplicable.

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Entry and exit summary declarations: the EU sets a transitional period

The European Commission adopted the Regulation n. 273/2009 of 2 April 2009, published on the Official Journal of the European Union L 91 of 3.4.2009, which introduces measures derogating from certain provisions of the Commission Regulation (EEC) n. 2454/93, establishing the implementing provisions of the Community Customs Code. The new Regulation sets a transitional period, from 1th July 2009 to 31th December 2010, during which the presentation to the customs offices of the summary declarations of entry (“pre-arrival declarations" or “ENS”) and of exit (“pre-departure declarations"), will be made optional.

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Studio Desiderio launches in collaboration with Studio Giffoni the new pre-audit service for the AEO

Desiderio Consultants and Studio Giffoni have launched the new pre-audit service aimed to help economic operators to access to the new Community certification of "Authorized Economic Operator" (AEO). Further information is available here.

Prior Community surveillance and safeguard measures: approved the codified version of the common rules for imports

The Council Regulation (EC) n. 3285/94 of 22 December 1994, implementing the safeguard measures provisions enshrined in the WTO Agreement, was substantially and repeatedly amended in the past. In the interests of clarity and rationality Community institutions have now decided to codify such a Regulation  in a new text, approved with the Council Regulation (EC) n. 260/2009 of 26 February 2009. There were only very few amendments and no substantial innovations made to the new Regulation, being this a simple gathering of provisions already in force.

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The EU Commission establishes the quantity available for the second half of 2009 of certain products of the milk sector under quotas opened by the Reg. (EC) n. 2535/2001

With Notice 2009/C 74/01 published in the Official Journal of the European Union C 74 of 28.3.2009, the European Commission assigns for the second half of the year 2009 (1 July - 31 December 2009) the quantitative quotas concerning certain products of the milk sector mentioned in the Reg. (EC) n. 2535/2001, originating in Turkey, in the Republic of Moldova and New Zeland.

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