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Of Counsel Francesco Bestagno Contact

Francesco Bestagno is of counsel to Carnelutti Studio Legale Associato. He is a member of the firm’s corporate and M&A department, where his practice focuses on International business law & arbitration.
He is a Full Professor of EU Law and of International Trade Law at the Faculty of Law, Catholic University of The Sacred Heart, Milan, where he also taught both the courses on Private International Law and Public International Law.
In addition, Francesco coordinates and teaches at the School of Specialization for the Legal Professions, Catholic University, Milan. He lectures in the Joint Master between ASERI (Milan) and USI (Lugano, CH) in Economics and International Policies.
Francesco is a Member of the Editorial Committee of the Journal “Diritto del commercio internazionale – The Law of International Trade”; Member of the Scientific Committees of the Journals online “European Papers” and “Eurojus”; Member of the Editorial and the Scientific Board of the Journal “Diritto pubblico comparato ed europeo”. He served as Legal Advisor for the Italian Foreign Affairs Ministry within the Programme for favouring Vietnam's Accession to the WTO (2005, 2006) and as Expert for the Holy See in Diplomatic Conferences at the Council of Europe (2017, 2019). He acted as Judge in the European Law Moot Court (ELMC 2013) and as Panelist in European Rounds of WTO Law Moot Court, ELSA International (2005; 2006). He was appointed on the list of Principal Legal Advisors to the European Commission in 2003.
Francesco completed his Ph.D. in International Economic Law ("Bocconi" - Bergamo –Turin) in 1995, and he has been Visiting Scholar at Geneva University (CH) and Visiting Professor at Beijing Foreign Studies University, at Wuhan University and at Zhongnan University (China).
He obtained his J.D. summa cum laude from the Catholic University of Milan in 1989, and was admitted to the Italian Bar in 1992.
He is fluent in English and French, in addition to his native Italian.

  • Representing a health agency in two different investigations of the European Commission into reported breaches of EU regulations on State Aid and Public Procurement; both charges were dismissed by the Commission.
  • Delivering independent opinions to companies operating in several fields. e.g. on State Aid and EU Law (airport industry); Technical Regulations and Restrictions to Trade in the EU Internal Market (plastics; electric engines); Public Procurement (highways).
  • Providing legal advice on Customs Laws to exporters of Italian products to the USA, on anti-subsidy and anti-dumping duties applied by the USA to Italian products (food industry), and on US customs regulations (export of electronic products).
  • Representing a construction company in the pre-contract phase and in the negotiation waiver phase for an international procurement contract in the UAE.
  • Participating in a settlement procedure with a state-owned telecommunication company concerning a television and telephone repeater.
  • Filing several actions before the European Court of Human Rights on various fundamental rights violations.
  • Acting as sole arbitrator in arbitration proceedings, including on corporate matters.

In-House Seminar on International Arbitration

September 24, 2019
Carnelutti Studio Legale Associato in association with AIA-ArbIt-40 will be organizing an in-house seminar entitled: “Updating Laws, Rules and Standards in International Arbitration: Necessity or Trend?”.

The free movement of Goods in the EU Market

April 12, 2019
Francesco Bestagno held 8 hours of lectures on the topic “The free movement of Goods in the EU Market” at University Ca’ Foscari, Venice, in the Master Course “International Business, Arbitration and Tax Law”.

The Minor’s interest in the EU Court of Justice Case-Law

March 15, 2019
Francesco Bestagno spoke at the Closing Conference of the Advanced Training Course on Mediation and Restorative Justice, Naples, on the topic: “The Minor’s interest in the EU Court of Justice Case-Law”  

The EU Internal Market

March 11, 2019
Francesco Bestagno spoke at the Training class in EU LawThe EU Internal Market” at the Milan Bar -Union of European Lawyers, Milan Courthouse.

Winds of (Trade) Wars, the USA at the War of Tariffs

May 4, 2018
Francesco Bestagno organised and spoke at the Roundtable: “Winds of (Trade) Wars, the USA at the War of Tariffs”, at the Catholic University, Milan.

Public Health and European Union Law

October 27, 2017
Francesco Bestagno spoke on “Public Health and European Union Law”, at the conference “Health, patient safety and health costs”, held at the Milan Bar - Observatory on Civil Justice, Court of Milan.

Social Rights in the European Integration Process

October 13, 2017
Francesco Bestagno spoke on “Social rights in the European integration process”, at the convention “Market and Welfare State, Economic crisis and Consensus Crisis”, held at the Catholic University, Milan.

Personal Data and Charter of Fundamental Rights

May 26, 2017
Francesco Bestagno spoke on “Personal data and Charter of Fundamental Rights: the case-law of the EU Court of Justice”, at the convention of Associazione Italiana Giuristi Europei: “The single digital market: enterprises, circulation of services and protection of rights”, held at the University of Naples “Parthenope”, Naples.

EU Court of Justice and Private Parties, the Lawyers’ Role in some landmarks ECJ cases

April 6, 2017
Francesco Bestagno organized and spoke at the Round Table “Corte di giustizia e parti private, Il ruolo degli avvocati in alcune tappe fondamentali della giurisprudenza dell'UE” (EU Court of Justice and Private Parties, the Lawyers’ Role in some landmarks ECJ cases), Università Cattolica, Milan.

Rethinking Europe in a Global Perspective

March 25, 2017
Francesco Bestagno spoke at the Roundtable “Rethinking Europe in a global perspective”, 60th anniversary of the Rome Treaties, Brescia.

The Role of the European Court in Emergency Situations

February 4, 2017
Francesco Bestagno was Discussant at the Conference “The Role of the European Court in Emergency Situations”, held by the Judge of the European Court P. Pinto de Albuquerque, Catholic University, Milan.

Cross-border Cooperation in International and European Law

October 20, 2016
Francesco Bestagno was President of two sessions of the Convention "La coopération transfrontalière en droit international et européen", Université Jean Moulin Lyon 3, Lyon (France).

Food and Health

October 8, 2016
Francesco Bestagno spoke at the Roundtable: “Food and health, an inseparable combination with new EU regulations”, held at Fondazione SDN, Naples.

The Protection of Health in International and European Law

June 9, 2016
Francesco Bestagno spoke on “Public health between competences of Member States and of the European Union”, at the Convention of Società italiana di Diritto internazionale: “The protection of health in international and European law, between global interests and specific interest”, Parma.

Development Policies in Asia

December 10, 2015
Francesco Bestagno organized the convention: “Development Policies in Asia: Human Rights and International Trade Law Implications”, at the Catholic University, Milan.

Validity and Interpretation of EU Acts in the Light of the Charter

December 14, 2014
Francesco Bestagno spoke on “Validity and interpretation of EU Acts in the Light of the Charter”, at the Conference “Five years of application of the Charter of Fundamental rights of the European Union”, organized by Francesco at the Catholic University, Milan.

Sport and Human Rights

November 21, 2014
Francesco Bestagno spoke on “Sport and human rights”, at the conference “Europe and Sports”, IV edition, University of Bergamo.  

The Application of State Aid Rules and Antitrust Law by Italian Judges

June 7, 2013
Francesco Bestagno spoke on “Compensation of damages of the competitor harmed by an illegal or incompatible state aid”, at the convention: “The application of State Aid rules and Antitrust law by Italian judges”, at the University of Molise, Campobasso.

Symposium on Human Development and Migration

December 7, 2012
Francesco Bestagno was Discussant at the Symposium on Human Development and Migration, Limited Roundtable, University of Notre Dame, London Centre, London.

Tools Available to Domestic Courts to Apply European Law

September 21, 2012
Francesco Bestagno spoke on “Tools available to domestic courts to apply European law”, at the convention of the CSM, Higher Judicial Council for the training of judges, Brescia.

Compensation of Damages and State Aid to Enterprises

March 9, 2012
Francesco Bestagno spoke on “Compensation of damages and State Aid to enterprises”, at the convention “The application of State Aid regulations before domestic courts”, held at the University of Trieste, Euro-Comp-Aid, Trieste.  

Recourse to and Proceedings before the European Court of Human Rights

July 15, 2011
Francesco Bestagno spoke at the roundtable “Recourse to and proceedings before the European Court of Human Rights”, organized by Francesco at the Catholic University (ASERI), Milan.

China, Between Trade and Rights

April 4, 2011
Francesco Bestagno spoke at the conference “China, between trade and rights”, in the cycle “BRIC countries at a closer look”, Torino World Affair Institute (T.wai), Centro L. Einaudi, Turin.

The Answer to Crisis in Real Economy: the European Recovery Plan

November 13, 2009
Francesco Bestagno spoke on “The answer to crisis in real economy: the European recovery plan and monitoring State Aids” at the convention “After the G20 in Pittsburgh: Solutions to the Crisis; Intergovernmental Cooperation or Strengthening of International Organizations?”, held at the Bocconi University, CIDOIE, Milan.

The Housing Rights

March 8, 2008
Francesco Bestagno spoke on “The Housing Rights”, at the Convention: “Social and cultural economic rights in the globalization era”, organized by Francesco at Catholic University, Milan.

Services Rendered in the EU by Providers from Non-Member States

February 2, 2007
Francesco Bestagno spoke on “Services Rendered in the EU by Providers from Non-Member States, at the roundtable “The services single market” of EC law, organized by Francesco Bestagno together with L. Radicati di Brozolo, held at the Catholic University, Milan.

Subsidy Policy: The European Union Experience

June 30, 2006
Francesco Bestagno spoke on “Subsidy Policy: The European Union Experience”, at the convention “Subsidy Policy in the industrial and agricultural sectors towards the Vietnam’s Accession to the WTO”, Ministry of Trade of Vietnam-Italian Embassy, Hanoi, Vietnam.  

International Protection of the Olympic Properties

January 20, 2006
Francesco Bestagno spoke on “International Protection of the Olympic Properties”, at the convention “Olympic games and international sports law”, Organized by the Organizing Committee of the XX Winter Olympic games of Turin (TOROC), held at the University of Turin, Turin.

The Implications of the Enlargement of the European Union

October 8, 2004
Francesco Bestagno spoke on “The implications of the Enlargement of the European Union”, at the convention “New challenges for the World Trade Organizations ten years after its institution”, held at the University of Eastern Piedmont, Alessandria.

Handbook on European Union Law

October 1, 2018
Francesco Bestagno wrote the book “Elementi di diritto dell'Unione europea, parte istituzionale" (Handbook on European Union Law), with U. Draetta, A. Santini, Giuffré-Lefebvre, Milan.

Regulation of Sport Activities and Right to Respect to Private Life under the ECHR

April 1, 2018
Francesco Bestagno wrote the article “Regulation of Sport Activities and Right to Respect to Private Life under the European Convention on Human Rights” online in European Papers.

The Arbitration Body

October 1, 2017
Francesco Bestagno wrote the article “L’Organo arbitrale: Diritti, doveri e responsabilità dell’arbitro; Ricusazione e sostituzione dell’arbitro” (The Arbitration Body: Rights, Duties and responsibilities of the Arbitrator; Disqualification and Replacement of the Arbitrator), in Commentario dell’Arbitrato interno e internazionale (Commentary on Domestic and International Arbitration), edited by M. BENEDETTELLI, C. CONSOLO, L. RADICATI DI BROZOLO, Cedam, Padua, II edition.

Freedom of Establishment and Freedom to Provide Services

September 1, 2017
Francesco Bestagno wrote the article “La libertà di stabilimento e la libera prestazione dei servizi” (Freedom of Establishment and Freedom to Provide Services), in Europa, edited by G. AMATO, E. MOAVERO MILANESI, G. PASQUINO, L. REICHLIN, Treccani, Rome.

The Protection of Health between Competences of the EU and of Member States

June 1, 2017
Francesco Bestagno wrote the article “La tutela della salute tra competenze dell’Unione europea e degli Stati membri” (The Protection of Health between Competences of the European Union and of Member States), published in “Studi sull’integrazione europea” (Studies on European Integration) (2017).

Single Market and Freedom of Circulation in EU Law

September 1, 2016
Francesco Bestagno wrote the book “Mercato unico e libertà di circolazione nell'Unione Europea" (Single Market and Freedom of Circulation in EU Law), with A. Arena, G. Rossolillo, Giappichelli, Turin.

Commercial Dis-integration Scenarios in the Event of “Brexit"

August 30, 2016
Francesco Bestagno wrote the article “Scenari di dis-integrazione commerciale in caso di “Brexit” (Commercial Dis-integration Scenarios in the event of “Brexit”), Editorial Comment in "DPCE".

The “Baptism of Fire” of the Directive on Tobacco Products

April 1, 2016
Francesco Bestagno wrote the article “Il “battesimo del fuoco” della Direttiva sui prodotti del Tabacco, tra esigenze di armonizzazione e di tutela della salute pubblica” (The “Baptism of Fire” of the Directive on Tobacco Products, between needs for Harmonization and Protection of Public Health), online in European Papers.

The Relationship Between the Charter and the EU Secondary Law in the Jurisprudence of the European Court of Justice

April 1, 2015
Francesco wrote the article “I rapporti tra la Carta e le fonti secondarie di diritto dell’UE nella giurisprudenza della Corte di giustizia” (The Relationship Between the Charter and the EU Secondary Law in the Jurisprudence of the European Court of Justice), in “Diritti umani e Diritto internazionale” (Human Rights and International Law), 2015.

Sports and the International Bodies Monitoring Human Rights

February 1, 2015
Francesco Bestagno wrote the article “L’attività sportiva nella prassi degli organi internazionali di controllo sui diritti umani” (Sports and the international bodies monitoring human rights), with M. Ferri, in the book “L’Europa e lo sport” (Europe and Sports), edited by S. Bastianon, Giuffré, Milan.

Validity and Interpretation of the Acts of the EU in light of the Charter

January 1, 2015
Francesco Bestagno wrote the article “Validità e interpretazione degli atti dell’UE alla luce della Carta, nella giurisprudenza in materia di Dati Personali” (Validity and Interpretation of the Acts of the EU in light of the Charter, in court decisions on Personal Data), in "Diritto dell’Unione europea" (European Union Law).

Comment on the Articles of the Treaty on the Functioning of the European Union on State Aid

June 1, 2014
Francesco Bestagno wrote the article “Commento degli articoli del TFUE sugli Aiuti di Stato (108-109)” (Comment on the articles of the Treaty on the Functioning of the European Union on State Aid (108-109)), in F. POCAR, M. BARUFFI, Commentario breve ai Trattati dell’Unione europea (Brief Commentary on the Treaties of the European Union), Cedam, Padua.

European Investment Bank (EIB)

April 1, 2014
Francesco Bestagno wrote the article “Banca Europea degli Investimenti (BEI)” (European Investment Bank (EIB), in A. TIZZANO, Trattati dell'Unione Europea (Treaties of the European Union), Giuffré, Milan.

Claims for Damages as Private Enforcement Tool of EU Rules on State Aid

October 1, 2013
Francesco Bestagno wrote the article “L'azione risarcitoria come strumento di private enforcement della disciplina di diritto dell'UE sugli Aiuti di Stato” (Claims for Damages as Private Enforcement Tool of EU Rules on State Aid), in "Diritto del commercio internazionale - The Law of International Trade".

Compensation for Damages for Breaches of Rules on State Aids

June 1, 2013
Francesco Bestagno wrote the article “ll risarcimento dei danni per la violazione delle norme in materia di Aiuti di Stato" (Compensation for damages for breaches of Rules on State Aids), in Dizionario sistematico del diritto della concorrenza (Systematic Dictionary of Competition Law), edited by L. PACE, Jovene, Naples.

The World Trade Organisation

September 1, 2011
Francesco wrote the article “L'Organizzazione Mondiale del Commercio” (The World Trade Organisation), in the book “Il diritto delle organizzazioni internazionali” (The Law of the International Organisations), U. Draetta-M. Fumagalli eds., Giuffré, Milan.

State Aids in Periods of Crisis

September 1, 2011
Francesco Bestagno wrote the article “Gli Aiuti di Stato in tempi di crisi: il sostegno all'economia reale tra misure nazionali e Piano europeo di ripresa, in Problemi e tendenze del diritto internazionale dell'economia” (State Aids in Periods of Crisis: Support to Real Economy between Domestic Measures and the European Recovery Plan), in Problemi e tendenze del diritto internazionale dell'economia (Issues and Trends of International Economic Law), edited by G. SACERDOTI, A. LIGUSTRO, Editoriale Scientifica, Naples.

Challenges of Development: Asian Perspectives

October 1, 2010
Francesco Bestagno co-edited with prof. L. Rubini the book “Challenges of Development: Asian Perspectives”, V&P Catholic University Press, Milan, 2010, reviewed in The Asian Journal of International Law 2013, and in The International Spectator 2011.

Economic, Social and Cultural Rights

December 1, 2009
Francesco Bestagno edited the book “I diritti economici, sociali e culturali, promozione e tutela nella comunità internazionale" (Economic, Social and Cultural Rights), V&P Catholic University Press, Milan.

Services Rendered by Providers from Non-Members States

January 1, 2008
Francesco Bestagno wrote the article “La prestazione dei servizi nella Comunità europea da parte dei prestatori non comunitari” (Services Rendered by Providers from Non-Members States), published in "Diritto del commercio internazionale  - The Law of International Trade".

The Single Market in Services

October 1, 2007
Francesco Bestagno co-edited with prof. L. Radicati di Brozolo the book “The Single Market in Services”, Giuffré, Milan (contributors: G. Berardis, F. Bestagno, A. Biondi, R. Luzzatto, A. Malatesta, M. Maresca, R. Mastroianni, M. Merola, E. Moavero Milanesi, B. Nascimbene).

International Protection of the Olympic Properties

May 1, 2005
Francesco Bestagno wrote the article “La protezione internazionale del simbolo olimpico” (International Protection of the Olympic Properties), published in “Diritto internazionale dello sport” (International Sports Law), edited by E. Greppi, M. Vellano, Giappichelli, Turin.

The Implications of the Enlargement of the European Union for the World Trade Organization

March 1, 2005
Francesco Bestagno wrote the article “Le implicazioni dell’allargamento dell’Unione europea per l’Organizzazione Mondiale del Commercio (The Implications of the Enlargement of the European Union for the World Trade Organization), published in "Diritto del commercio internazionale - The Law of International Trade".  

Human Rights and Impunity: Positive Obligations and Criminal Law

December 1, 2003
Francesco Bestagno wrote the book “Human Rights and Impunity: positive obligations and criminal law”, V&P Catholic University Press, Milan.

Safeguards in International Trade Law

September 9, 1998
Francesco Bestagno wrote the book “Le clausole di salvaguardia economica nel diritto internazionale" (Safeguards in International Trade Law), Milan, 1998, reviewed in Revue Générale de Droit international Public and in Journal of World Trade.

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