Cleary Gottlieb represented Telecom Italia S.p.A., Italy’s largest telephone operator, in defeating a request for interim measures filed with the Tribunale di Roma by telephone and internet broadband services provider Telvia, in response to Telecom’s termination of their wholesale broadband and access services agreements.
Telvia claimed that, notwithstanding its prolonged nonpayment, Telecom could not terminate the agreements without notice. Although the Court initially agreed and ordered Telecom to provide Telvia’s clients telephone and internet services pending the outcome of the litigation, Cleary Gottlieb convinced the Court that Telvia’s breaches justified the termination, so the Court overturned its previous interim decree.