Studio Legale Pavan Website

High-Level Expert Group on Sustainable Finance delivers earlier recommendations.

Last Thursday, The High-Level Expert Group on Sustainable Finance, established by the Commission, has published its first report setting out concrete steps to create a financial system that supports sustainable investments. The High-Level Group was established in December 2016 as part of the Commission's commitment to the Paris Climate Agreement. It is made of 20 senior experts from civ...

Sale of a business unit: the loss of the SOA certification is to be concretely ascertained

The Italian certification bodies (so-called SOA, standing for “Società organismi di attestazione”) are private law entities, authorized by the Italian National Anti-Corruption Authority (so-called ANAC). Upon a company’s request, they ascertain whether or not that company complies with the technical and financial requirements which are necessary for the execution of public works. ...

The jurisprudence of the merits intervenes on the requirement of novelty in obtaining the patent.

Article 46 of the Code of Industrial Property states that an invention is new only if it is not in the state of the art, or in "everything that has been made accessible to the public in the territory of the State or abroad before the filing date of the application By a written or oral description, use or any other means. " However, at least in the jurisprudence of the Court (Brescia Cou...

Annulment of a procedure where the contract notice excessively restricts the number of participants

When drawing up a contract notice, a contracting authority has to comply with the principles of free competition, reasonableness and proportionality. On this issue, with Judgment no. 3110 of 26th June 2017, the “Consiglio di Stato” has annulled a procedure in that its contact notice had excessively restricted the number of potential participants. Indeed, the contracting aut...

The EU prolongs restrictive measures against Russia

Since March 2014, the European Union has progressively imposed restrictive measures against Russia, in response to the annexation of Crimea and to the destabilization of Ukraine. In particular, such measures: (i) limit access to the EU market to five major Russian state-owned financial institutions, three important Russian energy companies and three defence companies; (ii)...

New European rules facilitating cross-border insolvency proceedings

Last Monday, the new rules on cross-border insolvency proceedings, proposed by the Commission in 2012 and adopted by the EU legislators in 2015, entered into force throughout the European Union.   The Regulation focuses on resolving the conflicts of jurisdiction and laws in cross-border insolvency proceedings. It also ensures the recognition of insolvency-related judgments acro...

Eu innovation: Innovation Scoreboard published in last Tuesday.

The annual European Innovation Scoreboard provides a comparative assessment of the research and innovation performance of the EU countries and selected third countries while The Regional Innovation Scoreboard assess the innovation performance of European regions. The 2017 edition of both Scoreboards, published last Tuesday, shows that innovation has improved tough large differences betw...

In order not to be excluded from a procurement procedure, it is necessary to indicate convictions of former directors

Article 38 of the old Italian Public Procurement Code (Legislative Decree no. 163/2006), partially transfused into article 80 of the new Public Procurement Code (Legislative Decree no. 50/2016), provides the exclusion of an economic operator from the participation in a procurement procedure, where its directors have been convicted by final judgment for some specific criminal offences. S...

The challenge of the European Digital Single Market

One of the main pillars of the "Europe 2020" Strategy - on EU growth targets until 2020 - is the so cold Digital Agenda. The purpose of the Agenda is to leverage the potential of ICT technologies to foster innovation and economic growth. The main goal is the development of the Digital Single Market. This has been the focus of the Digital Single Market meeting held in Valletta, last 15th June, ...

The failed write-off of an irrecoverable credit constitutes a false company report

Article 223, paragraph 2, no. 1), of the Italian Insolvency Act, is about the so-called “bancarotta fraudolenta impropria” (bankruptcy fraud), and punishes those who caused, or contributed to cause, the financial difficulties of a company, also by committing any of the acts provided for by article 2621 of the Civil Code (false company reports). With regard to this, by Judgment no. 2...

Further steps to drive forward the Capital Markets Union

Last Thursday, the European Commission has taken further steps to drive forward the Capital Markets Union (CMU). The CMU is a pivotal project of the Juncker Commission to boost jobs and growth in Europe. It aims to strengthen Europe’s financial system by providing alternative sources of financing and more opportunities for consumers and institutional investors. For companies, ...

Ministers of Justice of 20 Member States reach an agreement on the institution of the European Public Prosecutor’s Office

Article 86 of the Treaty of Lisbon on the functioning of the European Union (TFEU) provides that the European Council  may establish a European Public Prosecutor’s Office (EPPO), in order to combat crimes affecting the financial interests of the European  Union. With regard to this, on 8th June the Ministers of Justice of 20 Member States have reached an agreement concerning the ins...