„It should be borne in mind that it is suffi cient for the Commission to show that the undertaking concerned participated in meetings at which anticompetitive agreements were concluded, without manifestly opposing them, to prove to the requisite standard that the undertaking participated in the cartel. Where participation in such meetings has been established, it is for that undertaking to put forward evidence to establish that its participati...

By approving the Law regarding datio in solutum, the Parliament intended to create a special form for an old institution – datio in solutum – especially by eliminating the necessity of obtaining the consent of the creditor for this mean of accomplishing through payment the obligations. The solution addopted produces some effects, which are unclear as being avoided through a general derogation from the Civil code, and could lea...