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Lady Lawyer Foundation vs. Intesa Sanpaolo S.p.A

Case overview

Date filed 17 July 2019
Current status Rechazado
Issue Italian bank and NGO property dispute
Summary of the case On 17 July 2019, the Lady Lawyer Foundation (LLF), an Italian human rights NGO, filed the specific instance Lady Lawyer Foundation vs. Intesa Sanpaolo S.p.A to the Italian NCP alleging that an Italian banking group breached the OECD Guidelines and acted out of alignment with the OECD financial sector due diligence guidance and its own guidelines for socially-responsible investment regarding the office property rented by LLF. As a result of a property dispute between the property owner and the bank, the bank began seeking a new buyer for the property. LLF asserts it offered to purchase the property and sought negotiation with the bank to agree to a purchase that would comply with Intesa Sanpaolo’ Guidelines for Socially Responsible Investments and 2018-2021 Plan of Action for the market price according to the expertise of the court expert witness. LLF felt a negotiation was appropriate in light of applicable law and also LLF's non-governmental status and activities.
Developments/Outcome In its December 2019 initial assessment, the NCP declined to accept the case and support such negotiation. The NCP noted the bank asserted it received no written proposal for purchase. The NCP asserted the actions taken by the bank fell within the normal course provided for by the Italian legal system, and that any complaints related to this type of procedure should be brought to a judge with jurisdiction over the matter. 

The complainant LLF is disappointed the NCP did not communicate with it following its comments to the draft final statement, and that the NCP did not share with the complainant the documents produced by Intesa Sanpaolo, upon which the complainant feels the NCP’s statement is wholly based.​
Relevant OECD Guidelines
Case keywords Sector financiero

NCP Information

NCP name National Contact Point Italy
NCP address Rome, Italy
NCP website https://pcnitalia.mise.gov.it/index.php/it/
Other NCPs involved

Complainant

Company Information

Company responsible Intesa Sanpaolo S.p.A 
Company address
Company website
Company in violation Intesa Sanpaolo S.p.A 
Country of operations Italy
Other companies involved

Timeline of developments

Date Actor Action Description Document
5 December 2019 National Contact Point Italy evaluación inicial NCP rejects complaint download pdf (139Kb)  
17 July 2019 Lady Lawyer Foundation presentar Complaint filed download pdf (311Kb)  

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