News
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 scores by the jury is an expression of the wide discretion granted to that body, so that the criticisms on the merits of that evaluation are exempt from the review of legitimacy, except in the event of ...
- 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 effectiveness, until proof to the contrary, even against the guarantor of the account holder. This evidentiary effectiveness extends not only to the granting of the injunction, but also in the proceedings for o...
- 14/03/2024
The Court of Cassation, in its Order No. 34889 of 13.12.2023, ruled that banking or financing contracts that refer to a manipulated Euribor rate through a restrictive agreement by credit institutions are null and void. ...
- 12/03/2024
The Court of Cassation, in its judgment of 26 February 2024, no. 5068, ruled that "The transfer of a professional athlete from one sports club to another, in return for payment and before the natural expiry of the current contractual relationship, is referable to the scheme of the assignment of the contract, in the terms provided for by art. 5, paragraph 2, of Law no. 91 of 1981; therefore, fro...
Telephone services: 28-day billing unlawful according to the Court of Cassation
29/02/2024The Court of Cassation, Sec. III, in its judgment of 15.2.2024, no. 4182, ruled that "It is a misleading practice and therefore prohibited for a telephone operator to establish a payment frequency of every four weeks, instead of monthly". Four-weekly billing, again according to the Court, brings unfair advantages to the providers of this service in the communications market....
- 29/02/2024
The Court of Cassation, section III, with sentence no. 4756 of 22.2.2024, stated that if the insurer of the third party liability insurance policy, pursuant to article 144, paragraph 2, of the code of private insurance, wishes to file a claim against the insured party, it has the burden of proving that the contract contained a risk delimitation clause, such as to allow it in the specific case t...
- 22/02/2024
The Regional Administrative Court of Calabria, Section I, in its judgment of 16 February 2024, no. 244, confirmed the policy of the Council of State (Section V, judgment 9.4.2020, no. 2350), according to which "the non-exclusion of the successful tenderer whose economic offer lacks an indication of the costs and labour costs is lawful in the event that the tender regulations have specified ...
- 08/02/2024
The Court of Cassation, Section II, with Order No. 1436 of 15 January 2024, ruled that "in the event of automatic transfer of the right of use of a parking area, the seller's right to the consideration supplementary to the original price must be the subject of an independent application. The party who, in the course of the proceedings on the recognition of the right of use of the tied spac...
- 01/02/2024
The Court of Cassation, Sec. I, in its judgment No. 2629 of 29 January 2024, ruled that, in a joint-stock company with a fixed term, which does not have recourse to the venture capital market, a clause that, pursuant to Article 2437 of the Civil Code, provides for the right of shareholders to withdraw from the company ad nutum with a reasonable period of notice as a cause for withdrawal must be...
- 25/01/2024
On 25 January 2024, the traditional opening ceremony of the judicial year took place at the Court of Cassation. The First President of the Court described this ceremony as an opportunity to 'provide the community with an account of all the efforts made to ensure the correct, timely and modern functioning of justice' and to 'convey a message of hope, based on concrete data, so as to help strengt...
- 25/01/2024
The Court of Cassation, Sec. I, with Order No. 2350 of 24 January 2024, ruled that the duty of supervision pursuant to Article 2403 of the Civil Code, imposed on the auditors of S.p.A., is not limited to the actions of the directors, but extends to the regular conduct of the entire management of the company, in order to protect not only the interests of the shareholders but also those of the co...
Innovative start-ups: termination of bankruptcy exemption
18/01/2024The Supreme Court of Cassation, in its judgment No. 1587 of 16 January 2024, rendered on the subject of the exemption of innovative start-ups from bankruptcy proceedings, ruled that innovative start-ups are bankrupt within the five-year term provided for by law. ...