Studio Legale Pavan Website

Amendments to Consob Regulation on crowdfunding to be approved

On 6th July 2017, the Consob (the public authority responsible for regulating the Italian financial markets) has started a consultation in order to review its Regulation no. 18592 of 26th 2013 on the collection of capitals through online portals (so-called crowdfunding). Such update has become necessary after the passing of 2017 Budget Law. Rules on crowdfunding which were applicable on...

In case of delay, the compensation is calculated without considering connecting flights

Article 7 of Regulation (EC) no. 261/2004 establishes common rules on compensation and assistance in the event of denied boarding and of cancellation or long delay of flights. Therefore, in the event of delays of more than three hours, passengers receive compensation amounting to Euro 250 for all flights of 1.500 kilometres or less; Euro 400 for all intra-EU flights of more than 1.500 k...

Cloud computing services for the remote video recording: the right-holder’s consent is compulsory

The Turin Court was requested to ascertain whether or not the activities of a commercial undertaking, which, without the right-holder’s consent, provided private individuals with so-called cloud computing services for the remote video recording of private copies of works protected by copyright, were lawful. So, the Italian Court asked the European Court of Justice to establis...

Shortage of academics does not allow the introduction of “numerus clausus” in university courses

Italian Law no. 264/1999 introduced the so-called “numerus clausus” with reference to some specific university courses, or provided that specific conditions, listed in article 2 of the said Law, be existing. On this issue, with Order no. 4478 of 31st August 2017, the TAR Lazio has upheld an appeal by the “Unione degli Universitari” (Union of University Students) and the...

The owner of a trademark cannot forbid the use of a domain name if this does not create confusion

The choice of a domain name is up to a website’s owner, who – within specific limits – is allowed to make use of a trademark which was previously registered by others. With Judgment no. 20189 of 18th August, the Italian Court of Cassation has then rejected the appeal of the owner of a trademark, which was used by another economic operator as a domain name for its own website. ...

Law no. 24/2017: published the decree instituting the list of scientific companies

The new Law no. 24/2017 contains provisions on the safety of medical treatments and of patients, as well as on the liability of those professionals who operate in the medical field. Article 5 of the said Law provides for the introduction of a list of scientific companies and of scientific associations, which will be entrusted with the task of drawing up a best practice guide to be compl...

The “Terzo settore” reform is in force

On August 3, the new Single Code that collects tax provisions for non-lucrative entities came into force and contains new rules for the Onlus, volunteer organizations and social promotion associations. The reform provides for the financing of tax breaks and the activities of entities as well as the establishment of the third sector's single register. Organizations have 18 months...

New rules for the circulation of digital information

The rules for data protection in the EU institutions, as well as the duties of the European Data Protection Supervisor (EDPS), are set out in Regulation (EC) No 45/2001. The EDPS is a relatively new but increasingly influential independent supervisory authority with responsibility for monitoring the processing of personal data by the EU institutions and bodies, advising on policies and ...

A trust may be challenged by means of “azione revocatoria”

A trust requires a trust instrument and one or more acts for the transfer of the property at issue to a trustee. When such acts harm the interests of the creditors, they may be challenged by means of “azione revocatoria”. With Judgment no. 19376/2017 of 3rd August 2017, the Court of Cassation has explained that in order to establish whether or not a trust is free, one has to conside...

Reputational damages through the Internet: a legal person can bring action before the courts of the Member State where it has its centre of interests

The reputation of a company may be seriously damaged by incorrect information and harmful comments posted on the internet. As regards reputational damages through the Internet, the Advocate General of the European Court of Justice, in its conclusions delivered on 13th July 2017 in the case C-194/16, has stated that damages suffered by a legal person are to be considered as those suffere...

The Supreme Court intervene on the liability of the financial promoter (and who gave him the assignment).

Article 31 (3) of the TUF provides that "the authorized person who assigns the assignment shall be liable for any damage sustained to third parties by the on-site financial adviser, even if such damage is the result of liability established in criminal proceedings”. By judgment no. 18363 of 26 July, the Supreme Court has clarified that in the matter of liability of the princi...

The “Portale delle Vendite Pubbliche” (Portal for public sales)

Art. 13, paragraph 1, lett. b), no. 1, of Decree-Law no. 83/2015, converted by Law no. 132/2015, had amended art. 490, paragraph 1, of the Italian Code of civil procedure, thereby introducing, in Italian enforcement proceedings, the so-called “Portale delle Vendite Pubbliche” (also, PVP). According to art. 490, paragraph 1, of the Italian Code of civil procedure, when the law prescr...