New publication by Dr Andrea Schioppa in the Annals of the Department of Legal Sciences of the University of Molise

We are pleased to announce the participation of Dr Andrea Schioppa in the publication of the Annals of the Department of Legal Sciences of the University of Molise (26/2025) with a contribution entitled:

‘The judge’s review of business decisions: the use of the maxim of experience, the applicability of punitive damages and the Business Judgment Rule (note to C.A. Rome No. 5255/2022)’.

In the contribution, Dr Schioppa analyses and comments on the judgment of the Court of Appeal of Rome no. 5255/2022, a decision of considerable interest due to its cross-cutting and interdisciplinary nature, which allows for a combined approach of comparative law and economic analysis of law.

The case concerns a fuel supply contract between a large oil company and a small supplier. The dispute, which arose following the termination of the contract, raised a number of issuesregarding the legitimacy of conduct, corporate liability and the limits of judicial review of business decisions.

The article examines, among other aspects:

the classification of the damages claimed as potentially “punitive”;
the Court’s use of the economic principle of elasticity of demand as a rule of thumb;
the possible encroachment by judges on assessments of merit outside the scope of the Business Judgment Rule.

The Firm congratulates Mr Schioppa on this further achievement, which confirms his ongoing commitment to legal research and his contribution to the development of scientific thinking on corporate liability and commercial law.