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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The post RESOLUTION 85/26/CONS: RESPONSIBLE GAMBLING BETWEEN PREVENTION AND COMMUNICATION. THE NEW AGCOM RULES UNDER REVIEW BY OPERATORS appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

AGCM fines Enel X over €2.3 million: abuse of dominant position found in the electric charging market. The complainant Route220 was assisted by the law firm De Berti Jacchia

The decision confirms the importance of interoperability and equal access to electric vehicle charging infrastructure in a market that is strategic for the ecological transition.

The Italian Competition Authority (AGCM) has fined Enel X S.r.l. and Enel X Way Italia S.r.l. jointly for a total of €2,305,102.35, finding an anticompetitive conduct of margin compression (so-called margin squeeze) in the electric vehicle charging services market.

The proceedings originated from a complaint filed by Route220 S.r.l., a company active since 2014 in the electric mobility sector under its proprietary brand “evway,” a pioneer in Italy in promoting interoperable charging models. The company was assisted during the proceedings by the law firm De Berti Jacchia, with a team composed of lawyers Antonella Terranova and Ilaria Sgrilli, as well as Prof. Fabio Ferraro.

The sanctioned conduct consisted of Enel X applying wholesale (roaming) rates reserved for competing operators (Mobility Service Providers – MSPs) that were higher than the retail prices charged to final consumers through the Enel X Way app. The Authority found that this practice violated Article 102 of the TFEU by compressing competitors’ operating margins, thereby hindering their access to or permanence in the market under fair competitive conditions.

With decision no. 31646 of 29 July 2025, the AGCM found the violation and ordered Enel X and Enel X Way Italia to refrain from similar conduct in the future.

The decision falls within the new European regulatory framework established by Regulation (EU) 2023/1804 (AFIR), which entered into force on 12 October 2023 and has been applicable since 13 April 2024. The Regulation reinforces the principle of non-discrimination in access to charging infrastructure, confirming the central role of interoperability and competition in the transition to sustainable mobility.

“This AGCM decision represents an important precedent for safeguarding pluralism and fairness in digital and infrastructure markets,” said Prof. Fabio Ferraro of De Berti Jacchia.

“It is essential that operators, even in emerging sectors such as electromobility, can access essential infrastructure under fair and non-discriminatory conditions.”

“This case confirms the concrete relevance of the new AFIR Regulation and the impact of contractual practices between vertically integrated operators and independent competitors,” added lawyer Antonella Terranova, who handled the proceedings together with lawyer Ilaria Sgrilli.

Download the full press review.

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from left to right: Giuseppina Zoccali and Marco Frazzica (De Berti Jacchia), Yuri Zugolaro (Pirola Pennuto Zei & Associati) and Mario Morazzoni (Pirola Corporate Finance S.p.A.)

Milan / Bassano del Grappa, July 22, 2024 – NCAB Group Italy S.r.l. has signed the agreement for the acquisition of DVS S.r.l. in Italy and DVS Pacific Limited in Hong Kong. The purchase price amounts to approximately 200 million Swedish crowns, with a potential additional earnout of about 45 million Swedish crowns. The acquisition is expected to have a positive impact on NCAB Group’s earnings for 2025, with synergies in the areas of suppliers, payment terms, and logistics.

Founded in 1993, the Swedish NCAB Group is a world leader in the production of printed circuit boards (PCBs) and is listed on the NASDAQ Stockholm. DVS S.r.l. was founded in 2003 and has its main office in Bassano del Grappa, Italy, as well as offices in Switzerland and Hong Kong. Annual revenue amounts to approximately 240 million Swedish crowns. Sales are primarily directed towards Italian customers in the industrial and automotive sectors.

The buyers were assisted by De Berti Jacchia law firm with partner Marco Frazzica and senior associate Giuseppina Zoccali, supported by associate Matteo Bilei, while regulatory and FDI aspects were handled by partner Antonella Terranova, together with associate Ilaria Sgrilli; labor law aspects were followed by partner Gaspare Roma and associate Isabella Basilico.

PwC TLS assisted the buyers with tax aspects of the transaction with a team composed of partner Simone Marchiò and senior manager Mariangela Cottali.

Pirola Pennuto Zei & Associati assisted the sellers, with a team led by partner Yuri Zugolaro, supported, for all tax aspects of the transaction, by partner Marco Michielon and counsel Daniela Gobbo, while associate partner Lorenzo Destro, counsel Davide Rubino, and senior associate Lavinia Fanan followed the legal aspects.

Pirola Corporate Finance S.p.A. assisted the seller with financial aspects and the structuring of the transaction with a team composed of founding partner Mario Morazzoni, director Stefano Righetti, analyst Antonio Visioli, and junior analyst Pasquale Alessandro.

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