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Starting from 27 September 2026, sellers of consumer goods will have to comply with a new information requirement introduced by EU legislation: the GARAN label, designed to inform consumers of the existence of a commercial guarantee of durability offered by the manufacturer.

The new requirement stems from Directive (EU) 2024/825, transposed into Italian law by Legislative Decree No. 30/2026, and is implemented by Commission Implementing Regulation (EU) 2025/1960, which established the format and content of the harmonised label applicable throughout the European Union.

The GARAN guarantee neither replaces nor modifies the legal guarantee of conformity provided for under the Italian Consumer Code.

Rather, it is a commercial guarantee of durability that manufacturers may voluntarily offer to consumers, undertaking to repair or replace the product if it fails to maintain its functionality or performance for the stated period.

A clear distinction must therefore be made between:

• the legal guarantee of conformity, which is mandatory, is the seller’s responsibility and has a minimum duration of two years;
• the commercial guarantee of durability (GARAN), which is voluntary and is the manufacturer’s responsibility;
• any other conventional guarantees offered by manufacturers or retailers.

The key difference between these guarantees is that the legal guarantee always rests with the seller and has a minimum duration of two years, whereas the GARAN guarantee is a direct and exclusive commitment undertaken voluntarily by the manufacturer. It may have a longer duration and specifically concerns the durability of the product.

The seller’s obligation to display the GARAN label does not apply to all products and does not arise automatically.

The label must be displayed prominently, in accordance with the requirements and using the harmonised format laid down in Implementing Regulation (EU) 2025/1960, only where all four of the following conditions are met:

1. the manufacturer offers the guarantee at no additional cost to the consumer;
2. the guarantee covers the entire product rather than only specific components;
3. the guarantee lasts for more than two years;
4. the manufacturer has provided the seller with the necessary information.

If even one of these conditions is not met, the seller is not required to display the label.

Although the Italian Legislative Decree formally entered into force on 24 March 2026, the new provisions will apply only from 27 September 2026. From that date, both the harmonised notice concerning the legal guarantee and the GARAN label for products covered by a commercial guarantee of durability will become applicable.

The new Article 48 of the Italian Consumer Code requires traders, before the conclusion of the contract, to inform consumers about:

• the existence of the legal guarantee of conformity;
• the existence and duration of any commercial guarantee of durability offered by the manufacturer.

To comply with this requirement, the legislation provides for the use of standardised information tools that are uniform across the European market.

In physical retail stores, the label must be clearly visible; for online sales, it must be made available in accordance with the requirements laid down by EU legislation.

One particularly important point is that GARAN remains a guarantee provided by the manufacturer.

The seller does not automatically assume the obligations arising from the commercial guarantee of durability and must not present it as its own guarantee. For this reason, the harmonised label must identify the manufacturer providing the guarantee, rather than the retailer.

Failure to display the label where required may give rise to liability under the rules on unfair commercial practices, as consumers could be deprived of information relevant to their purchasing decisions. Similarly, ambiguous communications that could lead consumers to confuse the GARAN guarantee with the legal guarantee may be regarded as an unfair commercial practice.

Indeed, as stated in Recital 32 of Directive (EU) 2024/825, information concerning other commercial guarantees or services must not undermine the clarity of the information provided regarding the existence and duration of the commercial guarantee of durability offered by the manufacturer.

Ultimately, GARAN is a tool designed to encourage the purchase of more durable products and increase transparency for consumers. For sellers, however, it introduces a new information requirement which, from 27 September 2026, will require careful verification of the information received from manufacturers and of the way in which it is presented to consumers.

Antonella Terranova
Ilaria Sgrilli

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We return to the Northern Metropolis, the large-scale urban and technological development project promoted by the Hong Kong government. It will cover around 30,000 hectares and aims to transform the area into a new international hub for innovation, AI, advanced manufacturing, and integrated infrastructure, in connection with Shenzhen and the Greater Bay Area.

A plan set to have a strong impact on the construction, engineering, design, industrial automation, and sustainable technologies sectors.

What role can Made in Italy play in one of the largest infrastructure investment programs currently underway in Asia?
How can Italian SMEs position themselves to seize opportunities of this scale in a competitive and sustainable way?

These topics were discussed by our Diego Conte and Massimo Caiazza in an interview with Requadro, exploring the outlook for Italian businesses, the potential of the network contract as a tool for aggregation, and the strategic opportunities offered by the project.

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Despite U.S. tariffs diverting trade flows worth $130 billion, China closed 2025 with a trade surplus approaching $1.2 trillion and began 2026 with exports growing by 22%.

What are the characteristics of the Chinese market that have made this increase possible, despite the introduction of restrictive policies against it?

Diego Conte, in an interview with Il Messaggero, explains that these results are the outcome of a deeply structured business culture oriented toward the long term, capable of combining operational discipline, strategic vision, and strong adaptability:“Those who are familiar with the country know that business is approached with focus, consistency, a spirit of sacrifice, and a capacity for saving that we in Europe tend to underestimate. There is a high level of operational readiness, strong decisiveness in decision-making, and, above all, a tendency to view economic relationships as something to be preserved and made to work, rather than as a battleground.”

But how does this mindset translate into a strategy capable of neutralizing the impact of U.S. tariffs?

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De Berti Jacchia assisted NJF Sports & Media Limited, an investor specializing in sports, media, and technology, with expertise in the exploitation and maximization of commercial and sports rights, in the joint venture project with the Lega Pallavolo Serie A Femminile (Italian Women’s Volleyball League).

The deal concerns the management and commercialization, through a newly established vehicle, of the audiovisual and commercial rights related to the sports competitions organized by the League – as representative of the associated clubs – from the 2025/2026 to the 2035/2036 seasons. These currently include the Serie A1 and A2 Championships, the A1 and A2 Italian Cups, the Italian Super Cup, and the All Star Game.

The transaction represents a decisive step toward the modernization and enhancement of the media sector, laying the groundwork for a project which, starting from the 2026/2027 season, envisages free broadcasting of all matches on major platforms and integrated management of media and marketing rights, with the goal of developing and promoting Italian women’s volleyball.

De Berti Jacchia assisted NJF Sports & Media Limited on all legal and tax aspects of the deal with a team composed of partners Andrea Terragni and Claudio Corba Colombo, respectively for intellectual property and corporate matters, supported by senior associate Benedetta Mazzotti. Tax aspects were handled by partner Massimiliano Gazzo.

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The Court of Cassation, with judgment no. 18084 of July 3, ruled that the establishment of a trust and the related acts of asset transfer are enforceable against creditors only if they result from formalities with a certain date prior to the bankruptcy.

This principle confirms the prevalence of creditors’ rights over those of the trust, even when the applicable foreign law provides for less stringent requirements.

In today’s edition of Il Sole 24 Ore, an article by Luca Pescatore analyzes the decision of the Supreme Court, highlighting how Italian rules, while recognizing the trust, prevail in order to ensure the highest level of protection for creditors.

The full article, reserved for subscribers, is available at this link.

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Strengthened statutory autonomy: the Court of Cassation expands the shareholders’ room for manoeuvre

How can a company’s articles of association regulate matters not expressly reserved by the Civil Code?

This point is well explained by Luca Pescatore in an article for Il Sole 24 Ore, analysing Cassation ruling no. 14268/2025.

The Supreme Court confirmed the validity of the simul stabunt simul cadent clause even for companies with a two-tier governance system, clarifying that:

• it does not violate mandatory rules, provided it is applied in good faith and with loyalty;
• it does not constitute dismissal (revoca), but rather a statutory mechanism for early termination known to directors from the moment they accept the appointment;
• it is lawful unless abused, for example if used instrumentally to remove unwelcome directors.

More generally, the ruling confirms that the articles of association may regulate areas not rigidly reserved by the Civil Code to shareholder autonomy, as long as they comply with the general principles of the legal system.

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