Nederlands-Vlaams tijdschrift voor mediation en conflictmanagement

Samenvatting

In the case of Rosalba Alassini v. Telecom Italia SpA the Court of Justice of the European Union has for the first time decided (18 March 2010) on the compatibility of a (Italian) statute mandatorily prescribing conciliation prior to application to a Court of Law, whereby the compatibility test was based on various European general principles of law. The author provides a critical comment on some inconsistencies in the judgment and the A-G’s earlier Opinion.