Milan, 2nd March 2020 – SOME ADVICE TO BUSINESSES – UNIONE ARTIGIANI

Law. Facchinetti promptly sent to his clients businesses / associations of businesses / networks and consortium some advice and indication on how to manage existing contractual relationships during this period of emergency and alert.

Following the text of the communication:

“In the light of the latest events, it is our duty to make some clarifications to understand how businesses and professionals can safeguard themselves as best as they can in the relationships with their clients and inside their company.

First of all, it could occur that the execution of the contractual services proves to be temporarily impossible due to the emergency in place. In such a circumstances, must be clarified that, as long as the emergency stands, the debtor of the service is not to be considered responsible for potential delay in the fulfilment of the services. The temporary inability, as a matter of fact, depends on reasons not attributable to him.

If, then, due to the epidemiologic emergency, in deferred execution contracts, continuous or periodic, the services should become excessively onerous, the debtor could ask for the termination of the contract due to excessive onerousness. Corona Virus emergency, as a matter of fact, falls into the concept of extraordinary and unpredictable events, in accordance with art. 1467 c.c.

The security measures emanated by the authorities contribute to the definition of situation of emergency, in addition to the declaration of a state of emergency: first of all the regional ones, where in Lombardy, for example, many activities have been suspended, such as schools, universities, demonstrations, public events; the actions of other institutions, such as Tribunals, have been limited to the bare minimum.

Lastly, should be taken into consideration that currently in Italy, contrary to China, Certificates of Force Majeure have not been predisposed, that allow to justify delay and non-fulfilment.

Attached, we send you a prototype letter that you will have to send to your clients to justify potential delay in the execution of the services.

Also attached a brief vademecum to use inside your society property and to adopt with your collaborators.

Trusting that you will be pleased, I’m available for any clarification”

 

“COMMUNICATION OF TEMPORARY INABILITY FOR FORCE MAJEURE EXAMPLE LETTER”

Dear ---

This letter to inform you that unfortunately, due to COVID-19 epidemiologic emergency, at present, we are not able to ----

(as an example: provide to the delivery of the requested goods / provide to the fulfilment of the following obligation --).

As a result of this state of emergency, declared on 31^st January 2020 by the Council of Ministers as a result of the decision of OMS, were issued the Decree Law 23^rd February 2020 n. 6, bearing “Urgent Measures on the subject of containment and management of the COVID-19 epidemiologic emergency” as well as urgent decrees by Lombardy and Veneto’s presidents, in accordance with the Ministry of Health.

Hoping that this delay, not attributable to us but due to causes of Force Majeure (COVID-19 epidemiologic emergency), will not cause damage to you,

Please accept our deepest apologies,

Best rearguards.”