Netflix: Appeal halts the requirement to provide information following the ruling on price rises

The Rome Court of Appeal has identified ‘significant shortcomings’ in the District Court’s judgment regarding the interpretation of the law. Therefore, although the case remains pending, the preliminary ruling has gone in favour of giant of the streaming sector, which, as a first outcome, sees the obligation to notify subscribers of the unfavourable ruling by the Court of Rome lifted.

According to information obtained by *Il Sole 24 Ore*, the Second Civil Section specialising in commercial matters of the Rome Court of Appeal, having met in chambers on 14 September, suspended the enforceability of judgment 4993/2026, by which, on 1 April, the Court of Rome had declared certain clauses to be unfair, as they allowed the platform to unilaterally amend prices and terms of service.

The Court of Appeal notes ‘the manifest validity of the appeal’ lodged by Netflix: for the time being, therefore, as mentioned, the practical outcome will see Netflix no longer being obliged to inform subscribers of the first-instance judgement, nor to publish the operative part of the judgement in newspapers. The case, however, continues: the decision on the merits will be left to the judges at the conclusion of the appeal.

A key aspect lies in the assessment of the fumus boni iuris, that is, the merits of the challenge on which the application for a stay is based. The judgment challenged by Netflix, the judges of the Rome Court of Appeal write, ‘raises significant issues’ regarding the interpretation of European and Italian legislation and the assessment of the clauses applicable to the case. This finding relates to the first, second and fourth grounds of Netflix’s appeal.

This is certainly an important development for Netflix, although it clearly does not prejudge the final ruling, as the Court has reserved its assessment of the merits of the case, which may confirm or revise the interim ruling.