Macchi di Cellere Gangemi

by Macchi di Cellere Gangemi   October brought with it a couple of positive developments for those who are planning the distribution of their wealth. First of all, with circular no. 29 of 19 October last, the Revenue Agency has finally acknowledged that in the current inheritance tax legislation the institution of the succession pool is […]

Which of the two prevails? Written by Macchi di Cellere Gangemi The right to report can be called into question if, in reporting news of interest to the community, any newspaper publishes the image of a private individual. The photograph that, for illustrative purposes, portrays in whole or in part the face of a person can […]

TRANSFER REGULATION ON THE TRANSFER OF PLAYERS WITHIN THE EU.   Written by Salvatore Lamarca, Macchi di Cellere Gangemi 1. Facts and Sporting Rules under Discussion . The Court’s judgment was issued following a preliminary reference from the Court of Appeal of Mons, Belgium. It concerns the compatibility of certain specific provisions of the “FIFA Regulations on the […]

Which of the Two Prevails?   By Macchi Di Cellere Gangemi The right to report the news may be called into question if, in reporting news of interest to the community, any newspaper publishes the image of a private individual. The photograph that, for illustrative purposes, portrays in whole or in part the face of a […]

Freedom of the press may be called into question when, to report a news item of public interest , a newspaper publishes the image of a private individual. A photograph that, for example, depicts all or part of a person’s face may be censored and subject to claims for damages by the person concerned if […]

When does the assignment of credit not violate the financing activity reserve?   A recent ruling by the Court of Cassation (no. 4427/2024) has recognized full legitimacy to the work of agencies that handle requests for compensation and reimbursement for delayed or canceled flights. The judges held that the credit for compensation for flight delays can […]

Disposal of company shares and transfers of company shares by inheritance.   With the start of the new UK tax year (the UK tax year is the 12-month period beginning on 6 April and ending on 5 April of the following year), the UK government has made some changes to the tax legislation. This article aims […]

THE SUPREME COURT DECIDES. By Macchi di Cellere Gangemi.   With the judgment published on 13 May 2024 no. 12967, the first civil section of the Court of Cassation ruled on the use of artificial intelligence systems: the use of technology for proctoring exams must be accompanied by a rigorous assessment of the impact on […]

Article 1 of Legislative Decree no. 87 of 14 June 2024 (decree on the reform of sanctions) introduces important changes to the provisions on income tax and VAT crimes contained in Legislative Decree no. 74/2000, inter alia, with reference to: the introduction of the prohibition de ne bis in idem substantial, the definition of undue […]

The Court of Cassation Clarifies A simple email, if not accompanied by a digitally signed declaration, does not have the efficacy of a private document pursuant to Article 2702 of the Civil Code. Generic expressions of consent or acceptance of a proposal do not constitute a written document pursuant to Articles 1350 and 1351 of […]

for non-payment of a business lease? With an order dated 20 December 2023, the Court of Naples asked the Court of Cassation to establish whether an eviction order can be issued against the tenant of a business for non-payment of rent, pursuant to art. 658 of the Code of Civil Procedure. In particular, the Court […]

The European Council has recently approved the AI ​​Act, marking a crucial turning point in the regulation of artificial intelligence (AI) within the European Union. This legislative act represents a significant step towards establishing a clear and homogeneous legal framework for AI, while ensuring the protection of the fundamental rights of European citizens and promoting […]

Last April, the Municipality of Madignano was sanctioned by the Italian Data Protection Authority for having installed a video surveillance system inside its headquarters in violation of national and European provisions on the protection of personal data and the Workers’ Statute. This activity was deemed to be an unlawful processing of personal data and the […]

There is a legitimate expectation of the taxpayer pursuant to article 10, paragraphs 1 and 2 of Law n. 212/2000 whereby the tax administration, for a substantially long period, has implemented  significant actions that has generated doubts regarding the legitimacy of the taxpayer’s behavior: the taxpayer who relies on the erroneous interpretation of the tax administration, […]

As is well known, in the context of public tenders, the importance of distinguishing cases where the economic operator relies on subcontracting contracts as opposed to those where it stipulates supply contracts, is relevant in many respects, first and foremost the contracting authority’s verification of the economic offer, in terms of adequacy, of labor costs. […]

7 March 2024, the Data Protection Authority approved the final version of the Code of Conduct for telemarketing and teleselling activities and announced the accreditation of the Monitoring Body as a subject delegated to control activities. The Data Protection Authority accredited the Monitoring Body (OdM) to verify compliance with the Code of Conduct for telemarketing […]

The Joint Sections of the Court of Cassation clarify the prerequisites and conditions to enforce the payment of the so-called super-interest provided for in the fourth paragraph of art. 1284 of the Italian civil code. Art. 1284 of the Italian Civil Code establishes that: 1. The statutory interest rate is set at 5% per annum. […]

The Ordinary Court of Verona recently expressed its opinion on the conditions of donations of modest value, coining a principle with practical implications of undoubted importance: under certain conditions, a simple bank transfer without reason may be sufficient to integrate a donation even in the absence of a public deed pursuant to the ‘art. 782 […]

The Italian Data Protection Authority imposed a sanction against Enel Energia amounting to 79 million euros for serious deficiencies in personal data processing, making it the highest sanction ever imposed. The Italian Data Protection Authority has sanctioned Enel Energia S.p.A. for serious deficiencies in personal data processing with an administrative fine of 79,107,101 euros, or […]

If the plaintiff is a Corporation, What Rules Apply? The Court of Appeal of Milan, in a very recent ruling on the subject of product liability, reiterated the principle according to which the Consumer Code does not apply if the person invoking consumer protection has suffered the damage in the exercise of an economic activity. […]

Very often, preliminary contracts of sale and purchase are subject to a condition precedent: that is, the obligation to conclude the final contract will arise only if a certain event, stipulated in that specific clause, occurs. The event deduced as a condition may depend on a third party, or on only one of the parties […]

The Italian Data Protection Authority issued a guidance measure last Dec. 21 regarding the storage of e-mail metadata in the employment context, highlighting the need for limited storage and the adoption of specific safeguards by employers. The guidance measure issued by the Garante highlights the risk arising from the use of cloud-based e-mail management computer […]

In a concrete application of the principles expressed by the Court of Cassation, the Court of Appeal of Trieste ordered an Office Technical Consultant (OTC) to recalculate the entire financial repayment plan of a loan agreement with an interest rate clause that had been declared null and void. As is now well known, in its […]

On 11 January 2024, the Data Act, the new European Data Regulation on “harmonised rules on fair access to and use of data”, entered into force. It is part of the broader European strategy to create a single digital market and to acquire the Union’s leadership in the data sector and which will allow a greater […]

As is well known, according to Article 80, paragraph 4 of Legislative Decree No. 50/2016 (according to the new Code, this provision is re-proposed in Article 94, paragraph 6 of Legislative Decree No. 36/2023), if an economic operator has committed serious violations, definitively ascertained, with respect to obligations relating to the payment of taxes or […]

With Legislative Decree no. 219 of December 30, 2023, in force as of January 18, 2024, the Italian Government introduced article 6-bis of Law no. 212 of 2000, so-called Italian Statute of the Taxpayer, which provides for the obligation of prior adversarial proceedings between the tax authority and the taxpayer for any tax and for […]

With judgment nos. 2075 and 2077 of 19 January 2024, the United Sections of the Supreme Court of Cassation clarified that the issue of a special power of attorney for litigation in proceedings of legitimacy, when authenticated by lawyers, does not require the spatial and temporal simultaneity of the assisted party’s signature with the drafting, […]

CAN THE DISMISSAL OF CRIMINAL PROCEEDINGS PRECLUDE – IN ACCORDANCE WITH THE NE BIS IN IDEM PRINCIPLE – THE IMPOSITION OF ADMINISTRATIVE SANCTIONS? In its judgment of 6 July 2023, the Court of Appeal of Milan, Civil Division, responded positively to the question by once again addressing the issue of the relationship between criminal proceedings and Consob […]

Preventive Court-appointed technical consultancy, provided for in article 696-bis of the Code of Civil Procedure, is a simplified procedure designed to facilitate settlement agreements between the parties, at a stage preceding the contentious phase of ordinary proceedings, in cases where the dispute has technical aspects which must be clarified by an impartial expert in a contradictory […]

Insurance policies must be executed by December 31, 2024, and events to be insured include earthquakes, floods, landslides, floods, and overflows. This regulation applies to companies that indicate in their balance sheet real estate (land and buildings), plant and machinery, industrial and commercial equipment on the Italian territory (assets and goods that shall be covered […]

With Legislative Decree no. 209 of 27 December 2023, the Italian Government has finally made changes to the regulations on the so-called Controlled Foreign Companies with reference to the calculation of the level of effective foreign taxation, coordinating it with the new provisions on Pillar Two and Global Minimum Tax. The Controlled Foreign Companies (“CFC”) regulations referred to […]

ITALIAN DPA’s INVESTIGATION INTO WEBSCRAPING The Privacy Authority launches an investigation of websites on protection from the so called webscraping: the technique of automatically extracting data from web pages. All websites will be subjected to the authority’s scrutiny. In the ever-evolving world of artificial intelligence (AI), the Data Protection Authority is working to preserve the sensitivity of […]

Most press reports claimed that the CJEU Superleague judgement represented an utter defeat for FIFA and UEFA. This article reconsiders such conclusions in the light of a more attentive exam of the grounds of the Judgment. On 21st December 2023, the Court of Justice of the European Union (“CJEU”) issued its very long-awaited judgement in case […]

THE PROPOSED CORPORATE SUSTAINABILITY DUE DILIGENCE DIRECTIVE (CSDD), A “COPERNICAN REVOLUTION” IN CORPORATE GOVERNANCE. On 14 December 2023, the Council and the European Parliament reached a provisional agreement on the directive on companies’ due diligence obligations for sustainability of their activities. The obligations are a result of the negative impact (effective and potential) of business […]

Subscribing to the ad-free version or giving consent to profiling to continue enjoying Facebook and Instagram for free? Why has Meta introduced this new business model and what are the consequences in terms of personal data protection. As of 6 November 2023, Meta Platforms has modified its policy, introducing a “pay or okay” business model […]

THE CONFIRMATION OF THE EU GENERAL COURT The “Vespa” cannot be touched: the shape of the scooter has an “iconic character” that distinguishes it all over the world, representing a brand that must be protected from attempts at imitation. The legal battle between Piaggio & C. SpA (“Piaggio”) and Zhejiang Zhongneng Industry Group Co. Ltd […]

THE LAZIO REGIONAL ADMINISTRATIVE COURT SUSPENDED THE EFFECTIVENESS OF THE DECREE DATED SEPTEMBER 29, 2023 ISSUED BY THE MINISTRY OF ENTERPRISE AND MADE IN ITALY REGARDING “CONFIRMATION OF THE OPERATION OF THE DATA COMMUNICATION SYSTEM AND BENEFICIAL OWNERSHIP INFORMATION.” By decree dated September 29, 2023, the Ministry of Enterprise and Made in Italy has set up […]

With the new Decree-Law No. 181, which was published on 9 December and came into force the following day, the government adopted a measure that intervenes across the board in the energy sector, providing for measures with three different purposes: support for energy-intensive companies; promotion and development of renewable sources; and national energy security and […]

In its judgement of 26 September 2023, no. 8512, the Council of State, Sec. III, expresses its opinion on the legitimacy of the bonus-awarding criteria for improved offers. As is well known, the bonus-awarding criteria are the requirements that bidders prove to possess (in addition to the award requirements) and for which an additional score […]

The Court-appointed expert must fulfil the task entrusted to him or her by following the perimeter of investigation indicated to him or her by the judge; sometimes the Court’s Expert takes investigative initiatives on his or her own that seem to exceed the perimeter; the advice is not always null and void if the principle […]

DOES CANCELLATION FROM THE REGISTER FOLLOWING JUDICIAL LIQUIDATION OF COMPANIES EXTINGUISH THE OFFENCE PUNISHABLE UNDER LEGISLATIVE DECREE 231/2001? THE COURT OF APPEAL DISAPPLIES THE MOST RECENT JURISPRUDENTIAL ORIENTATION OF THE COURT OF LEGITIMACY. With sentence no. 1419/2023, the Court of Appeal of Milan, ruling on the liability of entities for criminal offences pursuant to Legislative […]

The Garante for personal data protection (“Garante”) has fined an ASL (or Local Health Authority) in the province of Naples for 30,000 euros following a hacking attack that affected more than 840,000 people, including patients and employees. The Local health body (“ASL”) notified the Garante of a data breach, under Article 33 GDPR. The data breach […]

October brought a couple of positive news for those who are planning the distribution of their assets. First of all, with Circular No. 29 of 19 October, the Revenue Agency finally acknowledged that in the current Inheritance Tax system the so-called Reunion for Inheritance Tax purposes (coacervo successorio) is no longer applicable. This is the […]

The UK Financial Conduct Authority (FCA) published the new rules applicable to all firms marketing cryptoassets to UK consumers. In particular, these rules are set to bring cryptoassets into the financial solicitation/promotion regime as of 8 October 2023. The Financial Conduct Authority (FCA) reported a growing and worrying mismatch between consumers’ investment decisions and their […]

The Italian Data Protection Authority recently fined an insurance agency for not having acted properly in in managing the email accounts of two former employees, who filed a complaint with the Garante. The Authority initiated an inspection as a result of which, the agency was fined. In the course of the inspection activities conducted by […]

In a ruling dated 22 June 2023, the Court of Milan focused on the substantive differences and on procedural solutions that distinguish fiduciary registration of shares and fictitious interposition of a person in the ownership thereof. In a ruling dated 22 June 2023, the Companies Section of the Court of Milan highlighted the substantial differences […]

Jurisprudence of merit already considered lawful the statutory or shareholders’ ‘anti-stall’ clause used to resolve situations of corporate paralysis. Recently, the court of legitimacy has also ruled after verifying some specific profiles of the clause’s regulatory compatibility and concluded that it is valid. In its judgment No. 22375 of July 25, 2023, the Supreme Court […]

The granting of surface right on agricultural lands is subject to registration tax at the rate of 15% and not 9%, as well as mortgage and cadastral taxes at the fixed amount of Euro 50: this was clarified by the Italian Tax Authorities by answer to Ruling no. 365 of 3rd July 2023, overruling (sic!) the […]

With respect to the tax administration’s power of self-defence, the Italian Supreme Court of Cassation in its decision no. 18241 of 26th June 2023 declared null and void a self-defence refusal by the Italian Revenue Agency on the ground that it was in conflict with a previous final decision of the same Court.  The dispute in […]

With the recent decision of 29 May 2023, the Joint Divisions once again ruled in favour of the Italian Court with regard to a dispute arising from derivative contracts signed by an Italian local authority.  The Joint Divisions applied the consolidated case law according to which jurisdiction is determined exclusively on the basis of the principal […]

Enforcement proceedings, that is the possibility to enforce the recovery of the money owed from the debtor, is an essential aspect of the creditor’s tangible protection. Very often, however, compiling a list of the debtor’s assets necessary to search for assets to be attached is not easy, especially with regard to bank accounts and credits […]

ITALIAN DPA FINES BENETTON FOR 240,000 EUROS. With an injunction order, the Italian Data Protection Authority fined the Benetton company for breaching some principles of the GDPR regarding data retention, minimization, and technical and organizational security measures. The Italian Data Protection Authority (“Garante” or “DPA”) fined the Benetton company for certain violations regarding privacy regulations. […]

What has changed since 28 February 2023 about voluntary jurisdiction and authorisations to protect the most vulnerable. As is probably already well known, from 28 February 2023 notaries have become an alternative to the judge supervising a guardianship in respect of authorisations for the execution of public deeds and authenticated private contracts involving a minor, an interdicted […]

It has been a while since the Supreme Court has established that the appeal judgment must indeed is a case of mandatory joinder, which means that all the parties who participated to the judgement of first instance must take part in the appeal judgment whenever there is a concrete risk of conflicting rulings. When the […]

CULTURAL HERITAGE SITES WITH RESTRICTIONS ON INTENDED USE: THE COUNCIL OF STATE ACKNOWLEDGES THAT THIS POWER LIES IN THE HANDS OF THE MINISTRY OF CULTURE. Through an important decision, the Council of State’s Plenary Assembly no. 5 of 13 February 2023, admitted the possibility for the administration to impose, according to adequate justification, a “restriction […]

“Mitigating the risk of Artificial Intelligence extinction should be a global priority along with other societal-scale risks such as pandemics and nuclear war“. This is the statement with which the letter published in the Center for AI Safety and signed by more than 350 prominent figures opens, including: Sam Altman (CEO of OpenAI); Demis Hassabis (head of Google DeepMind, […]

On 20 May 2023, Law No. 49 of 21 April 2023 on “Provisions on fair compensation for professional services” entered into force. The ratio of this new Law is ensuring that professionals receive compensation commensurate with the value of their services and strengthening their protection in contractual relations with certain companies that are considered strong […]

THE SO CALLED “UNEXPECTED JUDGMENTS”: ARE THEY VOID? IF YES, IN WHICH CASES? The “unexpected judgments”, also known as “third option judgments”, are Court decisions based on exceptions/issues detectable ex officio by the judge, upon which the parties did not have the chance to discuss. Such bold initiative of the Court may lead to the annulment of […]

PRESUMPTION OF “TAX INVERSION”: THE ITALIAN SUPREME COURT CLARIFIES THAT “MEDIATED” CONTROL IS NOT RELEVANT. With decision no. 9400 of 5th April 2023, the Italian Supreme Court of Cassation ruled on “tax inversion”, clarifying that, in order to determine whether or not a foreign company is controlled by an Italian company, the test of legal internal […]

Legislative Decree No. 24 of 10 March 2023, which transposes Directive no. 1937/2019, extends the scope of application of the “whistleblowing” rules and provides for four main innovations: the extension of the obligation to all private legal entities with at least 50 employees even if they do not have an organisational model, the introduction of […]

The Court of Milan has ruled in favour of the possibility, for the parties, to obtain as a precautionary measure a ruling that prevents the shareholder from conduct in conflict with the negotiating structure contained in the shareholders’ agreement entered into with the other shareholders, thus preventing its probable breach. By decree dated 9 October […]

Brief update of civil procedure according to the latest Supreme Court rulings filed in March 2023.  In its Order no. 6318 of March 2, 2023, the Court of Cassation ruled that – in the case of notification by certified email (PEC) – the power of attorney issued in analog form and transformed into an electronic copy […]

ANSWER TO RULING NO. 251/2023: THE ITALIAN TAX AUTHORITIES INTERVENED AGAIN ON FOREIGN INTERPOSED TRUSTS. TAX TREATMENT, TAX COMPLIANCE AND MONITORING OBLIGATIONS FOR BENEFICIARIES TAX RESIDENT IN ITALY. By answer to ruling no. 251 of March 16th, 2023, the Italian Tax Authorities intervened again on the interposition of two foreign trusts, clarifying the relevant tax […]

In its judgment no. 384 of March 11, 2023, Sec. V of the Council of State ruled on an issue that is rather common in the field of public tenders : the contracting authority either annuls the entire tender procedure as a matter of self-defense, or does not award the tender to the runner-up on […]

The precautionary measure adopted as a matter of urgency by the Italian Data Protection Authority has turned into a querelle between two factions: those who believe that this is intended to block innovation and technology and those who argue that the protection of people’s rights and freedoms is superior to the development of artificial intelligence […]

Meta and SIAE failed to reach an agreement to keep ensuring the free sharing of songs and copyrighted content managed by the Italian Body on social platforms owned by the Menlo Park giant, Instagram and Facebook. The after-effect is the blocking and muting of all content featuring music tracks from SIAE repertoire, although creators will […]

By decision dated December 23, 2022, the Court of Milan declared the nullity of the swap contract designed to hedge the underlying indexed financial lease “due to the non-existence in the abstract of the risk in relation to all the variations of the parameter interest rate […]” and to the consequent “lack of the cause […]

After the recent amendment to legislative decree no. 206 of November 6th 2005 which came into force in January 2022, further amendments were made to the Consumer Code with special consideration to the digital market. Such modifications will be binding starting from April 2nd 2023. Legislative decree no. 26 of March 7th 2023 (Official Gazette 18.03.2023 no. 66) […]

A very recent judgement of the Supreme Court (Court of Cassation 1.02.2023 no. 2982) offers the cue to take up some central themes of civil litigation, which are always very topical. The subject of the case was a claim against a municipality for damages suffered by a car due to the flooding of a road […]

The Interregional Committee of the Triveneto Notaries recently published a guideline on “simplified reverse merger” (Guideline L.A. 35), which affirmed the possibility to extend the simplified merger procedure set forth by Article 2505-bis of the Italian Civil Code also to a non-totalitarian “reverse merger”, i.e. the parent company holds at least 90% of the registered […]

The European Data Protection Board is the committee that brings together the EU Privacy Authorities. Its tasks include – inter alia – the advise to be given to the European Commission on data adequacy decisions, through which it determines whether a foreign jurisdiction is to be considered adequate with respect to the data protection standards provided by […]

Is There Really Something New Under the Sun? A new manufacturer liability has been provided by the Italian Consumer Code when a conventional warranty is granted: in such a case, the Consumer is entitled to start a legal action against the manufacturer directly in order to declare the existence of defects of the goods and obtain their […]

Changes to energy supply contracts are allowed, but under specific conditions only. With its decision of 22 December 2022, the Council of State clarifies the scope of application of Article 3-bis of the ‘Decree Aiuti bis’ (Law Decree No. 115/2022) following the joint public statement of ARERA-AGCM and the AGCM’s statement of October 2022. The […]

APPLICATION PROFILES AND TIMING Law No. 197 of 29 December 2022, the Italian Budget Law 2023, among the simplifying measures aimed at settling taxpayers’ positions, has introduced the so-called “special voluntary settlement” (article 1, paragraphs 174-178), a provision that taxpayers may use to rectify tax violation relating to regularly submitted – and not yet challenged […]

By means of its Judgement delivered on 22 December 2022, in joined cases C‑148/21 and C‑184/21, the Court of Justice of the European Union (‘CJEU’ or the ‘Court’) established that the operator of an online marketplace may be held directly liable for trademark infringement because of advertisements of third-party infringing goods displayed on such a […]

On 27 December 2022, Regulation (EU) 2022/2554 (Digital Operational Resilience Act – DORA) was published in the Official Journal of the European Union. DORA aims to ensure digital operational resilience in the financial sector in the event of failures. The regulation is part of the EU Commission’s wider ‘Digital Finance Package’, which includes two other pieces of […]

By means of art. 1, paragraph 380, of the 2023 budget law (No. 197 of 29 December 2022), the entry into force of the civil process reform – initially scheduled for 30 June 2023 – was brought forward by a substantial amendment of the transitional rules provided for in art. 35 of the Legislative Decree […]

It is now all over the national and international headlines the news of the sanction imposed by the Irish privacy authority, on Meta for carrying out the personalization of advertisements on Facebook and Instagram, in execution of a contract, without obtaining the specific consent of the customer. The Irish authority called the Data Protection Commission […]

LETTER TO SANTA CLAUS. ATTENTION TO WHAT (AND HOW) YOU DONATE. As is well known, donations are considered as “anticipated testamentary wills” and, as such, they are provided for in the second book of the Italian Civil Code, whose object is the inheritance. Donations, exactly as any other testamentary will, can violate the rights of […]

SOCIAL CORPORATE RESPONSIBILITY: THE NEW DIRECTIVE EXPANDS THE NUMBER OF COMPANIES SUBJECTED TO THE SUSTAINABILITY REPORTING FRAMEWORK AND INCREASES THE NON-FINANCIAL REQUIREMENTS. On 28 November 2022, the Corporate Sustainability Reporting Directive (“CSRD Directive“) was formally adopted by the EU Council. The regulatory act, waiting to be published in the EU Official Journal, facilitates the transition […]

CHALLENGE OF RULINGS BY THE DEFAULTING PARTY: THE SHORT-TERM TIME LIMIT FOR CHALLENGING The rule is simple: the defaulting party’s time limit for challenging a ruling shall runs from the moment when it has knowledge of the adverse ruling. The rule applies both to ordinary civil proceedings (art. 163 and ff. of the Italian Code […]

JUVENTUS FC SCORES LANDMARK WIN FOR A TM INFRINGEMENT CASE IN THE METAVERSE.   By order issued on July 20th, 2022, the Court of Rome has granted an injunction against Blockeras S.r.l. (“Blockeras”) the creator of NFTs portraying images of a football player, reproducing without authorization the registered trademarks owned by Italian football team Juventus […]

Last summer, a couple of months after the entry into force of the European Commission Regulation (EU) 2022/720 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices, the Italian Parliament enacted an important provision on automotive distribution. Pursuant to Italian […]

$391.5 MILLION FINE FOR GOOGLE: VIOLATED USERS’ PRIVACY AND PROFILED THEM, MISLEADING THEM ON GEOLOCATION POINT. The world’s most widely used search engine misled users into thinking that by turning off location tracking – disabling the feature in their account settings – users would no longer be geolocated. After four years of investigation, the New […]

THE NEW PROPOSAL TO REFORM DATA PROTECTION AND PRIVACY REGULATIONS IN THE UNITED KINGDOM.   On 18th July 2022, the Data Protection and Digital Information Bill (Bill 143 2022-23) was introduced in the British House of Commons. If enacted, this new bill would amend the current rules on data protection and privacy in the United […]

By means of a recent decision of October 13th, 2022, the Court of Justice of the European Union (CJEU) has answered the question on whether an EU trademark court hearing an action for infringement based on an EU trademark – the validity of which is challenged by means of a counterclaim for a declaration of […]

The decision of many news online editors to prevent access to their websites without subscribing or accepting cookies for advertising purposes is causing discussion and has once again brought to the attention of the Privacy Guarantor, so called Garante, the legitimacy of this type of tool (so-called Paywall). But what does the legislation provide for […]

With Recommendation no. 204 of July 5th, 2022, the Milan Notarial Council intervenes on the interpretation of the measures that can be implemented in the case of occurrence of losses exceeding one third of the share capital of S.p.A. (Società per Azioni) and S.r.l. (Società a responsabilità limitata), without affecting the legal minimum. In these […]

One of the most important innovations brought by the law reforming the tax trials (Law no. 130 of 31 August 2022) is the possibility for the parties to request, upon certain conditions, witness evidence. This is an absolute novelty since the old paragraph 4 of Article 7 of Legislative Decree 546/1992 (and before that the […]

On 2 August 2022, the (outgoing) Government submitted to Parliament the draft legislative decree that should implement the reform of the civil process in accordance with the Enabling Law No. 206/2021. As known, the Enabling Law came into force on 24 December 2021 and the next Government must implement it within the year, i.e. by […]

Within the framework of the significant recently enacted changes concerning the judicial tax system, it has been introduced the possibility to settle tax disputes pending before the Court of Cassation as of 15 July 2022 and those disputes for which the appeal to the Court of Cassation has been notified by 16 September 2022.  Law […]

s a result of the consultation procedure and in implementation of the so-called CBDF Package (Cross-border fund distribution package, i.e. the Directive (EU) 2019/1160 and Regulation (EU) 2019/1156) on the cross-border distribution of units or shares of collective investment undertakings (UCIs), through Resolution No. 22437 of 6 September 2022, Consob has amended the Issuers’ Regulation (Consob Resolution No. 11971 of 14 […]

PPAs are medium-to long-term contracts that allow electricity prices to be fixed and which guarantee the investor conditions of financial stability to proceed with the investment. Looking ahead, they can be a solution to high prices on the energy market and are an attractive instrument when they are used to buy and sell ‘green’ electricity […]

In recent weeks, the decision of the Italian Privacy Authority (“Garante”) in which the use of Google Analytics (LINK), a tool widely used by many websites, was declared illegitimate, because the data transferred to the US are not anonymous and there are no adequate safeguards within the meaning of Chapter V of the GDPR, has […]

INTRODUCTION With the publication of Law Decree no. 17/2022 (converted into Law no. 34 of 27 April 2022) and Law Decree no. 50/2022 (converted into Law no. 91 of 15 of July 2022), improvements were introduced aimed at simplifying the authorization procedures for renewable source plants. The legislative measures concern: Simplified authorization procedure relating to […]

FOREIGN ARBITRATION: THE JOINT SECTIONS OF THE COURT OF CASSATION AFFIRM THAT THE DEFENDANT’S FAILURE TO APPEAR IN THE COURT PROCEEDINGS IMPLIES ACCEPTANCE OF THE JURISDICTION AND OF THE WILL NOT TO AVAIL ITSELF OF THE ARBITRATION CLAUSE. By order no. 17244 of 27th May 2022 the Joint Sections of the Court of Cassation clarified that […]

As you are probably aware, the Business Crisis and Insolvency Code, codified in Legislative Decree 14/2019, finally entered into force on 15th July. Its entry into force, with the exception of a few provisions, has been postponed several times and the text has been subject to numerous amendments, the last one just a few days […]

The document containing a proposal for the modification of the Ministerial Decree n. 55, March 10th, 2014, is under review by the Italian Parliament. The proposal contains several updates to the Decree’s charts on which lawyers’ fees are calculated. The Senate is evaluating a draft which should amend the Ministerial Decree n. 55, March 10th, […]

THE INTERESTED PARTY HAS THE BURDEN TO PROVE IT AND THE CONTRACTING AUTHORITY HAS THE OBLIGATION TO EVALUATE IT. The Council of State, Section III, with its judgement No. 65 of 7 January 2022, returned once again on the subject and has clarified some important points regarding the application prerequisites and the binding effects on […]

With its Order No. 35146/2021, the Court of Cassation finally dictated the principle of law according to which “the circumstance that a chapter of evidence by witnesses is formulated in the form of a negative question does not constitute, per se, a cause of inadmissibility of the request for preliminary investigation”. Specifically, the ruling of the […]

The design and the installation of a video surveillance system in Italy is often carried out without complying with data protection regulations, thus exposing companies to fines that can amount to several million euros. The most important rules on video surveillance are prescribed in general by the General Data Protection Regulation (EU Regulation 2016/679 or […]

On May 9th, 2022, a federal judge in Greeneville, Tennessee, sentenced a Michigan woman, known as Xiarong You, to 168 months in prison, the equivalent of 14 years, for trade secret theft, economic espionage and fraud. The defendant was also ordered to serve three years of supervised release and pay a $200,000 fine. According to […]

ONLINE INCORPORATION OF LIMITED LIABILITY COMPANIES: TECHNOLOGIES AND NEW OPPORTUNITIES. Legislative Decree No. 183/2021, which implemented EU Directive 2019/1151, introduced significant innovations in the field of corporate law aimed at simplifying certain procedures. One of the most important areas of intervention regards the possibility to incorporate limited liability companies (società a responsabilità limitata – S.r.l.) […]

TAXATION OF SEVERANCE PAY (T.F.R.): SHOULD THE TAX ADMINISTRATION APPLY THE SEVERABILITY CLAUSE? With regard to the recalculation of the tax due on severance pay liquidated by the employer, the Tax Administration is also required to consider the so-called “severability clause” set forth in Article 1, paragraph 9 of Law No. 296/2006 (2006 Finance Act), which provides […]

PRIVACY AUTHORITY SANCTIONS TWO COMPANIES OF THE UBER GROUP FOR MORE THAN EUR 4 MILLION. The Italian Privacy Authority has sanctioned two companies of the Uber Group for around EUR 2 million each. The main violations found were unsuitable disclosures, the processing of data without proper consent, and the failure to notify a data breach. After […]

THE COURT OF CASSATION DEALS WITH THE “RUSSIAN ROULETTE CLAUSE” … AND DOES NOT DECIDE. In a previous newsletter (on 09.04.2021) we had already written about the so called “Russian roulette” clause, which can be provided for in the company by-laws or in a shareholders’ agreement. It is – as already illustrated – a “deadlock-avoiding” […]

SWAPS: “CONFUSION BETWEEN THE OBJECT OR CONTENT OF THE CONTRACT, AND THE INFORMATION THE INTERMEDIARY IS REQUIRED TO PROVIDE, PRIOR TO THE CONCLUSION OF THE SWAP”. The Court of Turin disapply and redraw the principles set out by the Joint Divisions on the subject of derivatives. With ruling no. 673/2022, the Court of Turin acknowledges […]

On 1st January 2022, the UK government began implementing the first set of customs rules for imports of goods coming from the EU. The Public Accounts Committee of the UK Parliament has published a report on the state of implementation of the new customs regime and the likely effects on imports and exports between the […]

With Circular letter no. 6/E of March 1, 2022 (hereinafter, the “Circular Letter“), the Italian tax authorities issued clarifications regarding the regulations set out in art. 110 of Law Decree no. 104 of August 14, 2020, implemented, with amendments, by Law no. 126 of October 13, 2020 (the “Decreto Agosto”), whereby was (re)introduced: – a […]

In recent times, unfortunately, also in light of recent sad international events, there have been various interventions by the legislator in the energy field, which for the time being have resulted in determining an increase of investors’ mistrust in the renewable sector. The latest measure seems to want to restore investors’ confidence, but there is […]

For years the certified e-mail box (PEC – certified electronic email, equivalent of registered mail) has been an essential tool for the lawyer, especially in relation to litigation and the formal service of Courts documents. This occurs not only when the professional finds himself the recipient of communications or notifications from the judicial bodies and […]

INTRODUCTION During the last few months several new measures have been introduced to promote the production of energy from renewable sources. The main innovations concern, among the others: the authorization procedures for: the construction of new plants  the modification of the existing plants The assessment procedures regarding the environmental impacts  the identification of […]

On December 22, the EU Commission presented the proposal for a directive to prevent the misuse of shell companies for tax purposes (Go to Link). The proposal is part of a package of measures that also includes the proposal for a directive on the minimum taxation of multinational companies which transposes the agreement internationally reached on […]

The Italian Legislative Decree n°170/2021 has made important amendments to the Italian Consumer Code not only extending the rules in favour of the Consumer, but also dealing with age-old questions that provoked much debate in both doctrine and case law. Chapter I of the Title III, Part IV of the Code has been completely revised. […]

In a recent judgment, the Supreme Court (Court of Cassation, criminal section, sec. II, November 10th, 2021, no. 44337) has ruled that bitcoins as well as other virtual currencies are not per se classified as financial products however, should the sale of bitcoins integrate an investment proposal, the offeror is subject to specific duties. More in detail […]

On November 16th, 2021, Los Angeles-based entertainment company Miramax has sued Quentin Tarantino before the US District Court for the Central District of California, for his planned sale of NFTs (Non-Fungible Tokens) related to the 1994 movie “Pulp Fiction” associated with high-resolution scans consisting of “a single iconic scene, including personalized audio commentary” along with “a hold […]

In the first instance of a dispute or during the appeal, when oral discussion of the evidence of a case is not permitted, the parties are entitled to file closing statements of defence in order to structure and summarise the arguments used in the dispute in the light of all the evidence presented to the […]

By judgment No. 24010 of September 6, 2021, concerning damages for breach of information obligations in the provision of investment services, the Court of Cassation clarified some procedural and liability aspects relating to the joint and several liability of financial promoters (“promotori finanziari”) and intermediaries. In particular, with regard to the alleged breach of the […]

The liability of the members of corporate bodies is – as is normal – the subject of an extensive and articulated dispute that is often characterized by complex judgments and very technical contents. With regard to auditors, in particular, jurisprudence has examined their profiles in relation to the wide range of tasks attributed to them. […]

There is no doubt that, for some time now, in several industrial sectors, manufacturers and importers of high-tech goods have faced a shortage of raw materials, with inevitable delays in manufacturing processes and significant impact on the delivery of the finished product. Often, the final customer won’t listen to reason because they were relying on […]

Remote working – do Italian tax breaks apply to foreign employed executives transferring to Italy? The response of the Revenue Agency. Introduction In the last few years, the Italian government has introduced several measures aimed at attracting international talented and promising individuals to Italy. The objective of these measures is to boost further the appeal […]