News
The legislation of the Italian Banking Act does not apply to derivative contracts if the intermediary has contributed to creating the financial instrument
- 06/09/2021
The Court of Cassation with the decision n. 23489 on August 26th, 2021, stated that derivative contracts, being the direct expression of an investment service, are not subject to the TUB legislation even if the intermediary has cooperated in the creation of the financial instrument. The written form required by the article 23 t.u.f. will be therefore necessary only for the regulatory framework contract and not for subsequent implementations transactions.
NEWS
The Council of State reaffirms some principles in the field of public procurement
02/05/2024The Council of State, Section V, in its judgment of 12 February 2024, no. 1372, rendered on the subject of tender contracts, ruled that the instrument of "soccorso istruttorio" cannot be used to re...
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...