News
A technical tender is valid even if documentation goes beyond the limit set by the contract notice
07/11/2016In a procurement procedure, there is no breach of the equal treatment principle if one of the participants violates the limit set by the contract notice as regards the dimension of the file containing the tender. This was the conclusion reached by TAR Toscana, with judgment no. 1524 of 24th October 2016, which made reference to ruling no. 3677 of 2012 delivered by “Consiglio di St...
A contractual condominium regulation, even if not registered, may be invoked in a lawsuit
07/11/2016Article 1138, paragraph 1, of the Italian Civil Code, provides that the condominium regulation sets the rules for the use of common parts and the sharing of expenses, according to the rights and obligations of each owner. It also sets the rules for the maintenance of the building and for its administration. The regulation is generated by contract if drawn up by the original owner or by the buil...
- 31/10/2016
The crime of “bancarotta fraudolenta patrimoniale” is set out in article 216 of the Italian Insolvency Act. It punishes with imprisonment from three to ten years the bankrupt entrepreneur who has wholly or partly concealed their assets to avoid having to forfeit them. Jurisprudence had already stated that goods whose possession is temporary, such as in the case of a lease or bailmen...
The economic agreement between the European Union and Canada has been postponed
31/10/2016With document no. 9036/09 of 24th April 2009, the European Council authorized the European Commission to negotiate an economic agreement with Canada on behalf of the European Union. Negotiations, ended in 2014, led to an agreement called CETA (Comprehensive Economic and Trade Agreement). Among the various issues dealt with, are the elimination of almost all customs duties, the end of re...
- 24/10/2016
Article 2291 of the Italian Civil Code provides for the joint and unlimited liability of all partners of a “s.n.c.” for obligations contracted by the enterprise. But this principle, as confirmed by the Court of Cassation with ruling of 19th October 2016, no. 21066, aims at protecting third parties and is not valid with regard to obligations contracted by the “s.n.c.” t...
- 24/10/2016
A dynamic IP is a provisional address, assigned to a device, for the use of the Internet. The said address, known by the website provider (content provider), together with further additional data, known by the Internet service provider, allows to trace back to the identity of the owner of the device which has accessed the website. In the light of the above, with ruling of 19th October 2...
- 17/10/2016
Art. 29 of “Decreto Legislativo” 276/2003 provides that (private) procurers are jointly liable with contractors towards the contractors’ employees for the payment of wages and social contributions related to the execution of the contract. “Decreto Legge” 76/2013 introduced an explicit exemption from such an obligation on behalf of contracting authorities. Therefore, the joint ...
- 17/10/2016
The European Directive 2004/80 requires that Member States implement the laws, regulations and administrative provisions necessary to guarantee a fair and appropriate compensation for victims of violent intentional crimes committed in their territories. With judgment of 11th October 2016, delivered in the case C-604/14, the European Court of Justice has ascertained that, in the period ...
- 10/10/2016
The Italian Code of administrative procedure (C.P.A.) allows to file a claim to the court which has already delivered a decision, in order to have it executed (so-called “giudizio di ottemperanza”). According to article 114, paragraph 4, of the C.P.A., the requested court may either specify the content of the administrative order to be issued by the public administration, or issue itself th...
European arrest warrant: amendment to the right of defence
10/10/2016The Italian Law 22nd April 2005, no. 69, implementing the Council Framework Decision no. 2002/584/GAI, introduced a special regulation of jurisdictional relations with other Member States of the European Union, with regard to the arrest and the surrender of a requested person. The said legislation regulates the instrument of the European arrest warrant, that is to say the possibility f...
- 03/10/2016
The right to get periodic payments after divorce (so-called “assegno divorzile”) from one’s ex-spouse is one of the main economic consequences of the Italian law on divorce no. 898/1970. With judgment no. 19345 of 29th September 2016, the Court of Cassation stated that such payments are not to be made any more not only when the beneficiary gets married again bu...
“Fair compensation” is not to be paid if devices are for professionals and businesses
03/10/2016The Italian law on copyright (as amended by “Decreto Legislativo” no. 68/2003 and subsequent “Decreti Ministeriali di Attuazione”) provides that companies which produce and import audio recording and media devices have to pay a levy (so-called “fair compensation”) to the S.I.A.E. (Italian society for authors and publishers), on each device they produce or import. O...