News - Quorum

Quorum and Pierallini Studio Legale in the acquisition of the Emerald Zanzibar Resort & Spa by TUI Global Hospitality Fund

Quorum, with a cross-practice team led by partners Nicola Romano and Francesco Fiore, handled all contractual, corporate and real estate aspects of the overall acquisition operatio...

19 September, 2023 News Corporate, M&A

Mandatory Green Pass Covid 19 at workplace

The Italian Government decided that the so called European Green Pass Covid-19 will be mandatory in all the workplaces as of October 15, 2021...

05 October, 2021 Employment

The wage supplementation scheme replaces the daily sickness allowance

Court of Cassation, Labour Section, - Order no. 16382 of 10 June 2021...

24 September, 2021 Employment

Wages paid in untraced mode – consequences

Law No 205 of 27 December 2017 - INL Notes No 4538/2018, No 6201/2018, No 9294/2018 and No 473/2021...

10 September, 2021 Employment

Unvaccinated worker in the health sector – consequences

Court of Modena - Order no. 2467 of 23 July 2021...

10 September, 2021 Employment

Counting consensual terminations for the purposes of collective redundancy

Court of Cassation, Labour Section, Judgment of 31 May 2021, no. 151118...

11 June, 2021 Employment

Equal pay for male and female workers: it can be invoked both for ‘the same work’ and for ‘work of equal value

Court of Justice of the European Union - Judgment of 3 June 2021, Case No C-624/19...

11 June, 2021 Employment

Rental agreement: registration tax is not due on the penalty clause

Provincial Tax Commission of Varese, President and Rapporteur Dr. Petrucci, Sentence no. 279/3/2020 of 29 September 2020...

27 October, 2020 Reale Estate

Commercial leases: rent reduction during lockdown

Court of Venice, Order of 2 October 2020...

27 October, 2020 Reale Estate

Filing documents before the Justice of the Peace cannot take place by certified e-mail or by registered mail online to the Italian Postal Service servers

Civil Superior Court, Section II, 29 September 2020, Judgement no. 20575. Pres. Di Virgilio, Est. Varrone...

27 October, 2020 Litigation and Arbitration

Registering the case before serving the summons is neither inexistent nor ineffective for the plaintiff

Civil Superior Court, Section VI, 15 September 2020, Judgement no. 19118. Pres. Scoditti. Est. Iannello...

27 October, 2020 Litigation and Arbitration

As a rule, company leasing will result in the termination of the status of entrepreneur, unless the assessment ordered by the judge shows that the activity has actually continued

Civil Superior Court, Section VI, 16 March 2020. Pres. Scaldaferri. Est. Nazzicone...

27 October, 2020 Financial Distress

The cases envisaged, which are not subject to revocatory action pursuant to Article 62 of the Bankruptcy Law, are exceptional and imperative

Civil Superior Court, Section I, 20 February 2020. Judgement n. 4340, Pres. Federico...

27 October, 2020 Financial Distress

Prior to the homologation decree, creditors with rights or motives may not commence or continue enforcement and precautionary actions on the debtor’s assets until the homologation decree is declared enforceable

Court of Rome, 29 July 2020. Pres. Di Salvo. Est. Romano...

27 October, 2020 Financial Distress

With regards to asymmetrical partial splitting, an extensive or similar interpretation of the unanimous consent of the members in relation to other forms of splitting is not admissible

Court of Milan, 21 September 2020. Est. Crugnola...

27 October, 2020 Corporate, M&A

The thesis that the execution of the contribution takes place exclusively with the assumption of the obligation is unacceptable

Court of Rome, 3 September 2020. Pres. Di Salvo, Est. Roman...

27 October, 2020 Corporate, M&A

Application for liquidation of the share by the heirs of a deceased unlimited partnership shareholder

Civil Superior Court, Section I, 31 July 2020. Pres. Giancola. Est. Lamorghese...

27 October, 2020 Corporate, M&A

General novative settlement – apposition of the term to defraud the law – review of the judgement of merit

Italian Superior Court, Labour Section, Order no. n. 22213 of 14 October 2020 ...

27 October, 2020 Employment

Elements of remuneration during the annual leave period – modal allowances – inclusion

Italian Superior Court, Labour Section, Order n. 22401 of 15 October 2020...

27 October, 2020 Employment

The Regional Administrative Court of Campania clarifies the relationship between the clean-up order and the identification of the person responsible for the pollution

Regional Administrative Court of Campania, Section V, Judgement no. 4500 of 14 October 2020...

27 October, 2020 Administrative, Energy and Environment

On the expiration of the maritime State concession

Council of State, Section V, Judgement no. 6333 of 20 October 2020...

27 October, 2020 Administrative, Energy and Environment

The substantial difference between the absence of interest and the end of the matter under dispute

Regional Administrative Court of Sicily, Catania, Section I, 19 October 2020, Judgement no. 2659...

27 October, 2020 Administrative, Energy and Environment

IRAP 2020 advance payment

With Circular Letter no. 27/E/2020, published on 19 October, the Tax Office returned to the topic of the Irap advance payment...

27 October, 2020 Tax

New postponement for tax collection files

Postponement of the payment terms for the files that had to be notified by 15 October to 31 December 2020...

27 October, 2020 Tax

Drug trafficking: The adequacy of coercive precautionary measures

Criminal Supreme Court, section IV, Sentence no. 12374 of 9 April 2020 ...

20 October, 2020 Criminal Law

CGUE: the distinctive capacity of a sign does not always presuppose the evaluation of the standards or customs of the reference sector

Court of Milan, ord. 23/09/2020, Judge Anna Bellesi...

19 October, 2020 Intellectual Property

Copyright assignment contracts and contractual balance

Civil Superior Court, Section I, 06/10/2020, n. 21498, Pres. Francesco Antonio Genovese, Est. Giulia Iofrida)...

19 October, 2020 Intellectual Property

On the qualification as “normal” of the degree of distinctive character inherent in an earlier mark

EU General Court, Judgment 05/10/2020, case T-602/19...

19 October, 2020 Intellectual Property

The bed&breakfast must close if the condominium regulations prohibit business activities

Superior Court, Second Civil Chamber, Order No 21562 of 07 October 2020...

19 October, 2020 Reale Estate

Occupation sine titulo of property: damage in re ipsa

Superior Court, Second Civil Chamber, Order No 21835 of 09 October 2020...

19 October, 2020 Reale Estate

It is left to the discretion of the delegated judge to decide whether to order the accounting ledgers to be produced

Civil Superior Court, Section I, 31 August 2020, no. 18152. Pres. Genovese. Est. Loredana Nazzicone...

19 October, 2020 Litigation and Arbitration

Compulsory mediation in opposition to the injunction must be proposed by the opposing party

Civil Superior Court, Sez. Un., 18 September 2020, n. 19596 - Pres. Travaglino, Rel. Cirillo...

19 October, 2020 Litigation and Arbitration

The erroneous indication of the cadastral data of the attached property does not give rise to the nullity of the deed

Civil Superior Court, Section VI, 15 September 2020, no. 19123. Pres. De Stefano. Est. D'Arrigo...

19 October, 2020 Litigation and Arbitration

With regards to pre-bankruptcy proceedings, the assessment of the reasons of urgency to shorten the deadline for the debtor to appear is the sole responsibility of the Chairman

Civil Superior Court, Section I, 07 May 2020, no. 8611. Pres. Genovese. East. Solaini...

19 October, 2020 Financial Distress

Criteria for assessing the state of insolvency of the company in liquidation

Court of Catania, 09 July 2020. Pres. Sciacca. Est. Laurino...

19 October, 2020 Financial Distress

The recognition of debt prior to its author’s declaration of bankruptcy can be opposed to the mass of creditors

Civil Superior Court, Section VI, 04 February 2020, no. 2431. Pres. Scaldaferri. Est. Iron...

19 October, 2020 Financial Distress

There is no connection between the liability action and the revocatory action, even if they are brought in a single case before the Court of Companies

Court of Venice,16 July 2019. Pres. Guzzo. Est. Torresan...

19 October, 2020 Corporate, M&A

The arbitration clause contained in the articles of association of a partnership is null and void if it provides for the appointment of a single arbitrator by the shareholders and, alternatively, by the President of the Court

Civil Superior Court, Section I, 31 July 2020. Pres. Giancola. Est. Lamorghese...

19 October, 2020 Corporate, M&A

Basic assumptions of liability pursuant to Article 2497 of the Italian Civil Code

Court of Appeal of Naples, 08 June 2020. Pres. Celentano. Est. Petruzziello...

19 October, 2020 Corporate, M&A

Postponement of payments to 30 October for ISA subjects and lump sum payments

ISA and lump sum entities that have recorded a reduction in turnover of at least 33% in the first half of 2020 ...

19 October, 2020 Tax

The Council of State suspends the tests on Rhesus Monkeys and entrusts the two distinguished scientists to carry out a thorough assessment

Council of State, Section III, Ordinance no. 5914 of 9 October 2020...

19 October, 2020 Administrative, Energy and Environment

Jurisdiction over the payment of concession fees

Superior Court, United Civil Sections, Order No. 21129 of 2 October 2020...

19 October, 2020 Administrative, Energy and Environment

Promoting an appeal on access before the expiry of the time limit for the formation of the silence-refusal

Regional Administrative Court of Campania, Naples, Section VI, 13 October 2020, no. 4479...

19 October, 2020 Administrative, Energy and Environment

Tax credit for transferee companies

If certain conditions are met and following the approval of the financial statements for the year 2020, paragraph 8 of article 26 of the “Rilancio” Decree grants the transferee com...

09 October, 2020 Tax

Tax credit for investors

If certain conditions are met, paragraph 4 of article 26 of the “Rilancio” Decree provides for a tax credit equal to 20% of the amount of the contribution to one or more of the afo...

09 October, 2020 Tax

The Court of Milan on a case of negative findings on infringement

Court of Milan, ord. 23/09/2020, Judge Anna Bellesi...

09 October, 2020 Intellectual Property

Failure to activate the delegated mediation procedure means that the opposition proceeding is inadmissible

Court of Bologna, 18 September 2020. Est. Costanzo...

09 October, 2020 Litigation and Arbitration

The suspension of the enforcement of the release of property orders until 31.12.2020 due to the Covid emergency does not apply to release orders pursuant to Article 560 of the Italian Criminal Code

Court of Bari, 24 July 2020. Est. Chiara Cutolo...

09 October, 2020 Litigation and Arbitration

Producing an incomplete copy of the judgment being appealed is motive for inadmissibility for the Italian Superior Court

Civil Superior Court, Section I, 08 July 2020, Judgment no. 14347. Pres. Manna. Est. Antonietta Scrima...

09 October, 2020 Litigation and Arbitration

The claim for the collection fee and any debt collection only has an insolvency nature if the corresponding activity is undertaken and carried out by the dealer

Court of Latina, 23 July 2020. Chiaravallotti. Est. Pietricola...

09 October, 2020 Financial Distress

The claim for the collection fee and any debt collection only has an insolvency nature if the corresponding activity is undertaken and carried out by the dealer

Civil Superior Court, Section VI, 21 January 2020, Judgment no. 1175. Pres. Genovese. Est. Caiazzo...

09 October, 2020 Financial Distress

With regards to over-indebtedness, the debt situation of an individual requires an assessment based on the monthly sustainability of the debt

Court of Vicenza, 24 September 2020. Est. Limitone...

09 October, 2020 Financial Distress

The equivalence findings of the Tender Committee: limits to judicial review and object of the evaluation

The Regional Administrative Court of Emilia Romagna - Parma, Section I - Judgment no. 146 of 27 July 2020...

09 October, 2020 Administrative, Energy and Environment

Disputes concerning the appeal against a resolution approving the financial statements of a company are outside the scope of arbitration

Court of Turin, 06 September 2020, Est. Di Capua...

09 October, 2020 Corporate, M&A

Forfeiture pursuant to Article 2382 of the Italian Civil Code shall not apply in the event of bankruptcy of a director of a limited liability company

Court of Vicenza, 07 July 2020, Est. Zambelli...

09 October, 2020 Corporate, M&A

The application of the ordinary trial procedure to obtain an order revoking the common representative of the shareholders

Court of Brescia, 15 July 2020, Pres. Del Porto. Est. Busato...

09 October, 2020 Corporate, M&A

On the correct application of Article 80, paragraph 5 of the Contract Code

Regional Administrative Court (TAR) of Piedmont, Section I - Judgment no. 590 of 6 October 2020...

09 October, 2020 Administrative, Energy and Environment

The Regional Administrative Court (TAR) of Puglia defines the extent of the assessment carried out by the bodies of the P.A. regarding hydrogeological constraints

The Regional Administrative Court of Emilia Romagna - Parma, Section I - Judgment no. 146 of 27 July 2020...

09 October, 2020 Administrative, Energy and Environment

Lockdown: commercial lease payments are due in full

Court of Rome, Sixth Civil Chamber, Order of 9 September 2020...

09 October, 2020 Reale Estate

Lease: the tenant can demand the return of the security deposit

Superior Court, VI - 3 Civil Chamber, Order No 20975 of 01 October 2020...

09 October, 2020 Reale Estate

Termination for breach of lease

Superior Court, VI - 3 Civil Chamber, Order no. 21326 of 05 October 2020...

09 October, 2020 Reale Estate

Covid-19 Emergency: Employment Rules

Decreto-legge n.104/2020...

19 August, 2020 Employment Highlights

The Regulation on the Registry of the .eu Top Level Domain Name has been in force since 25 July

On 24 July 2020, Regulation (EU) no. 2020/1083 of 14 May 2020, issued in implementation of article 8, paragraph 1 of Regulation no. 2019/517...

02 August, 2020 Intellectual Property

UPC (Unified Patent Court): official withdrawal of the United Kingdom

The UK formalised its decision to withdraw from the project for a unitary European patent and to revoke its ratification of the Agreement establishing the Unified Patent Court...

02 August, 2020 Intellectual Property

The burden of proving that the purchase of a property by one of the participants in the family business took place “in his/her own name” with the use of common funds, rests on the person who makes such a claim

Civil Supreme Court, Section II, 25 June 2020, no. 12643. Pres. Manna. Est. Falaschi...

01 August, 2020 Corporate, M&A

Spouses married in community of property have the right to set up a partnership, whose assets will belong to the capital conferred in the partnership

Civil Supreme Court, Section I, April 27, 2020, no. 8222. Pres. Giancola. Est. Nazzicone...

01 August, 2020 Corporate, M&A

New incentives for the purchase of low-emission cars and motorcycles

Art. 44 of Legislative Decree 34/2020 recognizes additional incentives for natural and legal persons who purchase a new M1 category vehicle with emissions not exceeding 110 g/Km of...

01 August, 2020 Tax

The order pursuant to art. 615 of the Italian Code of Civil Procedure issued by the Judge in cases of opposition to writs, effectively absorbs ex tunc the effects of the decree suspending the ex parte provisional relief

Court of Lecce, 02 July 2020. Pres., est. Silvestrini...

31 July, 2020 Litigation and Arbitration

The attached third party is not a necessary joined party in the opposition to the enforcement, nor in the proceeding opposing the enforceable documents

Civil Supreme Court, Section III, 05 June 2020, no. 10813. Pres. Roberta Vivaldi. Est. Porreca...

31 July, 2020 Litigation and Arbitration

Maturation of the easement by prescription before and after the formation of the enforceable title

Civil Supreme Court, section III, 26 May 2020, no. 9720. Pres. De Stefano. Est. Rossetti...

31 July, 2020 Litigation and Arbitration

The claim for the collection fee and any debt collection only has an insolvency nature if the corresponding activity is undertaken and carried out by the dealer

Civil Supreme Court, section I, 18 June 2020, no. 11883. Pres. Dido. Est. Amatore...

31 July, 2020 Financial Distress

The insolvency administrator is responsible for carrying out his duties with the required and commensurate diligence in line with the nature of the task assigned to him

Civil Supreme Court, section I, 02 July 2020, no. 13597. Pres. Dido. Est. Paola Vella...

31 July, 2020 Financial Distress

The question of whether the mortgaged asset exists is not a matter to be resolved at the time of the assessment of the liabilities, but rather during the next stage of the allocation

Civil Supreme Court, Section VI, 14 July 2020, no 14960. Pres., Est. Ferro...

31 July, 2020 Financial Distress

Consensual termination with retroactive effect and no social contribution obligations

Supreme Court, Employment Section, Order no. 15411of 20 July 2020 ...

30 July, 2020 Employment

Consensual termination and collective dismissal

Supreme Court, Employment Section, Order no. 15401 of 20 July 2020 ...

30 July, 2020 Employment

Allotment “on paper” and propter rem transmissibility of the offence

Council of State, Section II, judgment No. 4772 of 27 July 2020...

30 July, 2020 Administrative, Energy and Environment

The need to sign the documentation produced during a tender

The Regional Administrative Court of Emilia Romagna - Parma, Section I - Judgment no. 146 of 27 July 2020...

30 July, 2020 Administrative, Energy and Environment

On the limits of subcontracting

Council of State, Section VI, Judgment no. 4832 of 29 July 2020...

30 July, 2020 Administrative, Energy and Environment

Employer’s responsibility for Covid-19 infection

Law Decree no. 23 of 8 April 2020, art. 29-bis, converted into Law no. 40 of 5 June 2020...

16 July, 2020 Employment

Francesco D’Amora wins as best labor lawyer under 40

INPS, Notice no. 2183 of 26 May 2020...

29 June, 2020 Employment

The scope of the EU General Court’s power of review of EUIPO’s assessments of the registration of EU trademarks

Court of Justice of the European Union, Case C-702/18 P, 18 June 2020...

26 June, 2020 Intellectual Property

The protection of distinguishing marks of political parties

Civil Supreme Court, Section I, Order no. 11635 of 16 June 2020, Pres. Di Virgilio, Rel. De Marzo...

26 June, 2020 Intellectual Property

It is lawful to appoint a legal person as a director of another company, but this must be accompanied by the appointment of a representative which constitutes a management act and completes the appointment as director

Court of Rome, 01 June 2020. Est. Romano...

25 June, 2020 Corporate, M&A

The appointment of a legal person as a director of another company is permissible

Court of Rome, 01 June 2020. Est. Romano...

25 June, 2020 Corporate, M&A

The provision of a put option and a contractual mechanism constitutes an unacceptable derogation and circumvention of the prohibition of a leonine pact

Court of Appeal of Milan, 13 February 2020. Pres. Meroni. Est. Silvia Giani...

25 June, 2020 Corporate, M&A

Covid-19: Arrangement with creditors with reserve and the concession of an additional time limit for filing the final proposal in the arrangement with creditors’ procedure

Court of Milan, 28 May 2020. Pres. Irene Lupo. Est. Pipicelli...

24 June, 2020 Financial Distress

The right to lodge a complaint against the decree ordering the opening of proceedings for the liquidation of assets shall lie with the creditor of the person who intends to avail himself of it

Court of Mantua, 23 January 2020. Pres., est. Bernardi...

24 June, 2020 Financial Distress

The exception in which the parties agree to reduce the total amount due consists of a typical deed amending the previous obligation and is an exception in the strict sense

Court of Ravenna, 08 January 2020. Est. Farolfi...

24 June, 2020 Litigation and Arbitration

The production of new documents in the legitimacy proceeding

The production of new documents in the legitimacy proceeding...

24 June, 2020 Litigation and Arbitration

The decree of condemnation provided for by art. 587, paragraph 2 of the Italian Code of Civil Procedure

Court of Mantua, May 11, 2020. East. Bernardi...

24 June, 2020 Litigation and Arbitration

Non-refundable grants: penalties

Article 25 of the “Decreto Rilancio” refers to article 13 paragraph 5 of Legislative Decree no. 471/1997...

23 June, 2020 Tax

Conditions for the applicability of the discipline on the distance of buildings from roads

Council of State, Section II, Judgment no. 3900 of 17 June 2020...

23 June, 2020 Administrative, Energy and Environment

Compensation for loss of employment in the P.A.

Administrative Regional Court for Lazio, Section I-quater, Judgment no. 6555 of 15 June 2020...

23 June, 2020 Administrative, Energy and Environment

On the admissibility of the so-called “blind appeal” (ricorso al buio) in public procurement

Regional Administrative Court of Genoa, Judgment no. 371 of 13 June 2020 ...

23 June, 2020 Administrative, Energy and Environment

News on wage subsidies – Law Decree no. 52/2020

Law Decree no. 52 of 16 June 2020...

22 June, 2020 Employment

New Redundancy Fund (CIG) applications – INPS clarifications

INPS, Communication no. 2489 of 17 June 2020 ...

22 June, 2020 Employment

Special Redundancy Fund (CIG in deroga) for multi-localised companies- INPS clarifications

INPS (National Social Security Institute), Communication no. 2503 of 18 June 2020...

22 June, 2020 Employment

The right of the individual property owner to inspect the documents must not hinder the activity of the building administrator

Supreme Court, Civil Section VI, Order no. 10844/20 filed on 8 June 2020...

19 June, 2020 Reale Estate

Balcony exteriors should be considered as parts of the property in common if they perform a prevalent and essential aesthetic function

Supreme Court, Civil Section VI - 2, Order no. 10848/20 filed on 8 June 2020...

19 June, 2020 Reale Estate

Article 2466 of the Italian Civil Code applies both if the shareholder does not make the initial contribution within the terms provided for, and if failure to do so is related to the share capital increase approved by the shareholders’ meeting.

Pursuant to Article 2466 of the Italian Civil Code, the shareholder of a S.r.l. that does not execute the initial contribution within the prescribed period may be warned by the dir...

18 June, 2020 Corporate, M&A

Covid-19 and suspension of protested bills/checks

Court of Lecce, 29 May 2020...

18 June, 2020 Corporate, M&A

For preferential admission of the guarantor, who is co-obliged with the bankrupt principal debtor, proof of full payment of the secured claim shall be required

Court of Piacenza, 08 May 2020. Pres. Brusati. East. Tiberti...

17 June, 2020 Financial Distress

Consensus on the provisions contained in articles 182-quater, paragraph 3, and 182-quinquies of the Bankruptcy Law

Court of Ravenna, 6 February 2020. Pres. Sereni Lucarelli. Est. Farolfi...

17 June, 2020 Financial Distress

In the event of a negative vote, the debtor who proposed a settlement agreement will not be given a new deadline to improve the proposal

Court of Mantua, 25 May 2020. Est. Bernardi...

17 June, 2020 Financial Distress

The court order adjourning a trial is purely preparatory and aimed at regulating the proceedings

Supreme Court, Section III, 20 May 2020, Ruling no. 9255. Pres. Roberta Vivaldi. Est. Scarano...

16 June, 2020 Litigation and Arbitration

Entrepreneurs who have filed for bankruptcy or who have been admitted to the composition with creditors’ procedure retain their ability to stand trial

Civil Supreme Court, United Section, 28 May 2020, Ruling no. 10080 - Pres. Travaglino, Rel. Cosentino...

16 June, 2020 Litigation and Arbitration

An action for civil liability may be brought by the Public Administration even if the material fact constituting the crime has been judged in a proceeding in which the Public Administration had not joined the civil action

Supreme Court, United Civil Section, 07 May 2020, Ruling no. 8634. Pres. Spirito. Est. Antonietta Scrima...

16 June, 2020 Litigation and Arbitration

Legitimacy of dismissals for just cause in case of private use of the company’s Telepass (electronic toll collection system)

Supreme Court, Labour Section, Judgment no. 1050 of 3 June 2020...

16 June, 2020 Employment

Accidents at work – burden of proof

Supreme Court, Labour Section, Order n. 10404 of 1 June 2020 ...

16 June, 2020 Employment

The measure rectifying the ranking of an open competition for recruitment in the public sector is a type of self-protection

Council of State, Section II, Judgment no. 3537 of 4 June 2020...

15 June, 2020 Administrative, Energy and Environment

Atypical precautionary measures

Regional Administrative Court for Molise, Section I, Decree no. 123 of 10 June 2020...

15 June, 2020 Administrative, Energy and Environment

The legitimacy of national legislation which limits the possibility of participating in a public procurement procedure for engineering and architectural services

European Court of Justice, Judgment of 11 June 2020 in case C-219/19...

15 June, 2020 Administrative, Energy and Environment

The right of prevention applies to cants

Supreme Court, Civil Section II, Ruling no. 10467/20 filed on 3 June 2020...

14 June, 2020 Reale Estate

Delivering a property prior to the conclusion of the final contract does not determine the commencement of the period for notification of defects

Supreme Court, Civil Section II, Order no. 9953/20 filed on 27 May 2020...

14 June, 2020 Reale Estate

The clause of the bylaws to order the exclusion of the member in default of the obligations undertaken is null and void for indeterminacy

Court of Bolzano, 06 May 2020. Pres. Maria Cristina Erlicher. Est. Paciolla...

13 June, 2020 Corporate, M&A

In the proceedings to exclude the shareholder of an s.r.l., if this is promoted by another shareholder, the company is not necessarily party to the litigation

Court of Bolzano, 06 May 2020. Pres. Maria Cristina Erlicher. Est. Paciolla...

13 June, 2020 Corporate, M&A

The director of a limited partnership may take emergency precautionary action pursuant to Article 700 of the Italian Criminal Code

Court of Barcelona Pozzo di Gotto, 17 July 2018. Est. Quadraccia....

13 June, 2020 Corporate, M&A

A proposed agreement pursuant to art. 182-ter of the Bankruptcy law, concerning the deferred payment of INPS social security receivables, complies with the conditions set out in the Ministerial Decree dated 04.08.2009

Court of Pistoia, 04 May 2020. Est. Venzo...

12 June, 2020 Financial Distress

Agreed bankruptcy and constitutional illegitimacy of the discipline allowing the sale of mass shares

Civil Supreme Court, Section I, April 15, 2019, Ruling no. 10533. Pres. Di Virgilio. Est. Federico...

12 June, 2020 Financial Distress

The bankruptcy revocation for the proceeds from the sale of securities subject to regular pledge is admissible to offset any claims

Court of Rome, April 20, 2020. Est. Tedeschi...

12 June, 2020 Financial Distress

IMU (municipal property tax) advance payment 2020

The 2020 Budget Law confirmed the rules for paying the tax in two instalments, i.e. 16 June for the advance payment and 16 December for the balance...

11 June, 2020 Tax

Extension of the super-amortisation

rticle 50 of the “Decreto Rilancio” extends the "long" term from 30 June 2020 to 31 December 2020 to make the investment to be able to benefit from the 2019 super-amortisation...

11 June, 2020 Tax

The lawyer may be ordered to pay the costs of the proceedings himself if he has acted on an inexistent power of attorney

Civil Supreme Court, Section V, Taxation, 07 May 2020, no. 8591. Pres. Locatelli. Est. Fraulini...

10 June, 2020 Litigation and Arbitration

Opposition to the decree of the third-party mortgage provider

Civil Supreme Court, Section III, Judgment no. 8404 of 29 April 2020. Pres. Adelaide Amendola. Est. Tatangelo...

10 June, 2020 Litigation and Arbitration

Problems with the “tender” platform

Regional Administrative Court for Puglia, Judgment no. 798 of 3 June 2020...

09 June, 2020 Administrative, Energy and Environment

Ultra-partes effectiveness of the annulment of the general administrative deed

Council of State, Section IV, Judgment no 2679 of 27 April 2020...

09 June, 2020 Administrative, Energy and Environment

Competence to verify the anomaly of the offer

Council of State, Section III, Judgment no. 3602 of 5 June 2020...

09 June, 2020 Administrative, Energy and Environment

Extension of fixed-term employment contracts without the need for motivations – INL clarifications

GNI, note of 3 June 2020, 160...

08 June, 2020 Employment

CIGD (Extraordinary Redundancy Fund) Simplification of applications for companies with numerous offices

INPS, Notice no. 2328 of 4 June 2020...

08 June, 2020 Employment

Extension of the trial period

Supreme Court, Labour Section, Order n. 9789 of 26 May 2020...

08 June, 2020 Employment

Copyright and protection of photographs as creative works

Court of Milan, Section A, Judgment no. 2539 of 23/04/2020...

07 June, 2020 Intellectual Property

Patentability of plants and animals: the EBA opinion

On 14 May 2020, the Enlarged Board of Appeal (EBA) of the EPO issued an opinion on Case G 0003/19 denying patentability of plants and animals obtained exclusively by essentially bi...

07 June, 2020 Intellectual Property

A weak trademark and the assessment of the likelihood of confusion

Civil Supreme Court, Section I, Judgement no. 8942 of 14 May 2020. Pres. Genovese. Est. Falabella...

07 June, 2020 Intellectual Property

The company’s creditors have the obligation to take action against the company that is endowed with autonomous assets

The benefit provided for by articles 2304 and 2315 of the Italian Civil Code, in keeping with the guarantee of the shareholder's assets vis-à-vis the company's creditors, operates ...

07 June, 2020 Corporate, M&A

To supplement the complaint filed pursuant to Article 2409 of the Italian Civil Code, there must be well-founded suspicion that the directors have contravened their duties

In the complaint procedure to the Court of First Instance, article 2409 of the Italian Civil Code states that, for the purpose of supplementing the complaint filed, it is not suffi...

07 June, 2020 Corporate, M&A

Application for self-declaration of bankruptcy and Covid-19: Inadmissibility of legal actions for bankruptcy declarations does not apply to the application for self- declaration of bankruptcy

Court of Piacenza, 08 May 2020. Pres. Brusati. East. Tiberti...

06 June, 2020 Financial Distress

Composition with creditors and Covid-19 emergency: the conditions for the declaration of urgency are met if a further postponement could result in serious harm to the principal or to the creditors involved

Court of Rome, April 20, 2020. Est. Tedeschi...

06 June, 2020 Financial Distress

Composition with creditors and Covid-19 emergency: The debtor may benefit from an additional deadline for submitting a new proposal and a new plan

Court of Pistoia, 05 May 2020. Pres., est. Nicoletta Curci...

06 June, 2020 Financial Distress

IMU (municipal real estate tax) – exemption for the tourism sector

Article 177, paragraph 1 of the “Rilancio” Decree introduces an exemption for the first instalment of IMU relating to the 2020 tax period...

06 June, 2020 Tax

Transfer of tax credits due to Covid

Article 122 of the so-called “Rilancio” Decree introduces the possibility of transferring one’s tax credit accrued due to specific benefits granted for the health emergency....

06 June, 2020 Tax

An appeal against a seizure notice shall take the form of a legal action for negative assessment of the claim

Civil Supreme Court, Section III, Judgment no. 7756 of 08 April 2020. Pres. Adelaide Amendola. Est. Porreca...

05 June, 2020 Litigation and Arbitration

Failure to reopen the proceeding for opposition to an injunction within the terms provided for by Article 393 of the Italian Criminal Code shall automatically terminate the entire proceedings

Civil Supreme Court, Section III, Judgment no. 8114 of 23 April 2020. Pres. Adelaide Amendola. Est. Valley...

05 June, 2020 Litigation and Arbitration

The measures declaring the extinction of enforcement procedures for motives other than those set out in the normal code can be challenged by opposition to the enforcement deeds

Civil Supreme Court, Section III, Judgment no. 8404 of 29 April 2020. Pres. Adelaide Amendola. Est. Tatangelo...

05 June, 2020 Litigation and Arbitration

Appeal against the clause requiring a tenderer to declare the convictions suffered

T.A.R., Rome, Section II, judgment no. 4917 of 11 May 2020...

02 June, 2020 Administrative, Energy and Environment

On the definition of the service

Council of State, Ruling no. 3210 of 22 May 2020...

02 June, 2020 Administrative, Energy and Environment

On jurisdiction in securitization of public assets

Supreme Court, United Civil Sections, Order no. 10082 of 28 May 2020...

02 June, 2020 Administrative, Energy and Environment

Deadline for CIGO and FIS applications – INPS clarifications

INPS, Notice no. 2183 of 26 May 2020...

01 June, 2020 Employment

Worker’s fault in the accident – cases of exclusion

Corte di Cassazione, Sezione VI civile, Ordinanza del 15 maggio 2020, n. 8988...

01 June, 2020 Employment

Settlement agreement on termination of employment – Content and effects

Supreme Court, Labour Section, Order no. 9287 of 20 May 2020...

01 June, 2020 Employment

Patents and COVID-19: the new platform launched by USPTO

The U.S. Patent and Trademark Office recently launched a new online platform called Patents 4 Partnership...

31 May, 2020 Intellectual Property

The XOXO trademark cannot be registered: the ECJ decision

European Court of Justice, Case T-503/19 of 13 May 2020...

31 May, 2020 Intellectual Property

Omitted or irregular bookkeeping and directors’ responsibilities

Court of Florence, 13 May 2020. Pres., est. Calvani...

30 May, 2020 Corporate, M&A

In the event of seizure of the company’s shareholdings, the enforceable debtor is entitled to examine the documents relating to the administration of the company

Court Rome, January 20, 2020. East. Cecilia Bernardo...

30 May, 2020 Corporate, M&A

In the case of a pledge or usufruct on shares, the right to vote belongs to the pledgee or usufructuary

Court of Rome, 20 January 2020. Est. Cecilia Bernardo...

30 May, 2020 Corporate, M&A

Professional fees for the activity carried out before admission to receivership is part of the composition with creditors and privileged

Civil Supreme Court, Section II, Judgement no. 22992 of 16 September 2019. Pres. Gorjan. Est. Chiara Besso Marcheis...

29 May, 2020 Financial Distress

The businessman who files for self-bankruptcy has the burden of proving the insolvency of the company

Civil Supreme Court, Section I, Judgment no. 16117 of 14 June 2019. Pres. Dido. Est. Di Marzio...

29 May, 2020 Financial Distress

For the approval for a composition with creditors, the debtor’s proposal may not contain a clause extending the effects of the debtor’s debt collection to the guarantors

Civil Supreme Court, section I, Judgment no. 22382 of 06 September 2019. Pres. Genovese. Est. Federico...

29 May, 2020 Financial Distress

Tax credits for capital contributions

In order to support the strengthening of the capital of corporations, there is a tax credit for investors...

28 May, 2020 Tax

Tax credit to adapt workplaces

Article 120 of Legislative Decree no. 34/2020 introduces a tax credit of 60% of the expenses incurred in 2020...

28 May, 2020 Tax

The filing of a document during the period of suspension for the Covid-19 emergency will result in the automatic waiver of the suspension of the time limits

Court of Bologna, 06 May 2020. Est. Constanzo...

27 May, 2020 Litigation and Arbitration

In case of a combination of divisible causes, the interruption of the limitation period against one of the parties does not produce the same effects for the others

Civil Supreme Court, Section III, 23 April 2020, Judgment no 8123. Pres. Travaglino. Est. Francesca Fiecconi...

27 May, 2020 Litigation and Arbitration

Enforcement order against joint and several debtors

Civil Supreme Court, Section VI, 24 April 2020, Judgment no. 8151. Pres. Frasca. Est. D'Arrigo...

27 May, 2020 Litigation and Arbitration

Public use easement in private area and owners’ rights

Council of State, Section II, Judgment no. 2999 of 12 May 2020...

26 May, 2020 Administrative, Energy and Environment

On service and/or supply cooperation agreements

Council of State, Section V, Ruling no 3169 of 19 May 2020...

26 May, 2020 Administrative, Energy and Environment

Regarding the verifier’s remuneration in the extraordinary appeal to the President of the Republic

Council of State, Section I, Ruling no 925 of 20 May 2020...

26 May, 2020 Administrative, Energy and Environment

The so-called “Rilancio” Decree published in the Official Gazette

Law Decree no. 34 of 19 May 2020...

25 May, 2020 Employment

Occupational injury for Covid-19 – INAIL Clarifications

INAIL, Circular Letter no. 22 of 20 May 2020...

25 May, 2020 Employment

CIGO for Covid-19 how to recover days not used – INPS Clarification

INPS, Notice no. 2101 of 21 May 2020...

25 May, 2020 Employment

The non-delivery of the keys to the second entrance and the malfunctioning of the electrical system do not permit a suspension from payment of the rent

Italian Supreme Court, Third Civil Section, Order no. 7481 of 4 December 2019 - 20 March 2020...

15 May, 2020 Reale Estate

The United Sections on telephone antennas installed on the condominium paving

Italian Supreme Court, United Civil Sections, Sentence no. 8434/20 filed on 30 April...

15 May, 2020 Reale Estate

Copyright: the layout of the shops can be protected

Civil Supreme Court, Section I, 30 April 2020, no. 8433. Pres. Genovese. Est. Iofrida...

15 May, 2020 Intellectual Property

The USPTO follows the European line: no patents granted to non-human “inventors”

United States Patent and Trademark Office, 22 April 2020, Application No. 16/524,350...

15 May, 2020 Intellectual Property

The clause of the articles of incorporation which provides a standard form for the termination of a contract may not be waived only for words or for conclusive facts

Civil Supreme Court, section I, 12 March 2020, Judgment no. 7108. Pres. Dido. Est. Dolmetta...

14 May, 2020 Corporate, M&A

The liability action pursuant to Article 146 of the Bankruptcy Law includes both actions pursuant to Articles 2393 and 2394 of the Italian Civil Code

Civil Supreme Court, Section I, September 20, 2019, No 23452. Pres. Dido. Est. Federico...

14 May, 2020 Corporate, M&A

In the event of a company’s extinction, its obligations are transferred to the shareholders by virtue of an inheritance relationship

Court of Rome, 14 April 2020. Est. Margherita Libri...

14 May, 2020 Corporate, M&A

The effects of the ruling declaring bankruptcy shall take effect as from the “zero” hour of the day of its publication or entry in the commercial register

Court of Naples, April 17, 2020. Est. Livia De Gennaro...

14 May, 2020 Financial Distress

The financial statements for the last three financial years are privileged evidence but are not part of the legal evidence

Civil Supreme Court, Section VI, September 27, 2019, Judgement no 24138. Pres. Genovese. Est. Pazzi...

14 May, 2020 Financial Distress

The decree by which the Court declares the composition with creditors procedure open can be appealed to the Supreme Court pursuant to Article 111 of the Italian Civil Code

Italian Supreme Court, Section Un. Civil, March 11, 2020, Judgement no. 7007. Pres. Mammone. Est. Lamorgese...

14 May, 2020 Financial Distress

Deductible expenses for masks

The purchase of masks is tax deductible, but only if they are medical devices with EC markings...

13 May, 2020 Tax

Bonus on the rent of the store and annexed buildings

Article 65 of Legislative Decree 18/2020 provides for a tax credit to business operators...

13 May, 2020 Tax

Opposition to the sale of the pledged property is like an opposition to an enforcement

Civil Supreme Court, Section VI, 28 February 2020, Judgement no. 5475 Pres. Frasca Est. De Stefano...

13 May, 2020 Litigation and Arbitration

In case of inadmissibility of the appeal

Civil Supreme Court, Section VI, 03 March 2020, Judgement no. 5712. Pres. Frasca. Est. D'Arrigo...

13 May, 2020 Litigation and Arbitration

The reasonable length of a trial and the postponement of hearings due to the Covid emergency

Court of Appeal of Venice, 8 April 2020. Pres. Cinzia Balletti. Est. Valle...

13 May, 2020 Litigation and Arbitration

On the possibility of replacing the auxiliary operator

TAR of Catania, 05 May 2020, Ruling no. 951...

12 May, 2020 Administrative, Energy and Environment

On symptomatic indicators of the advertising nature of advertisements

Council of State, Section II, Judgment no. 2780 of 30 April 2020...

12 May, 2020 Administrative, Energy and Environment

Nature and function of the Commissioner’s warning

Council of State, Section III, Judgment no. 2545 of 21 April 2020...

12 May, 2020 Administrative, Energy and Environment

Worker’s incorrect bank details (IBAN) for the direct payment of wage subsidies due to the Covid-19 emergency – INPS clarifications

INPS, Communication no. 1904 of 7 May 2020...

11 May, 2020 Employment

100 Euros to Employees – Clarification by the Tax Office

Tax Office, Circular Letter no. 11/E of 6 May 2020...

11 May, 2020 Employment

Transfer of holidays to colleagues

Decree Law No. 18 of March 17, 2020, Article 87, Paragraph 4-bis, converted into Law no. 27 of April 24, 2020...

11 May, 2020 Employment

Stalking her husband’s mistress is harassment

Criminal Supreme Court, Section I, Sentence no. 11198 of 18 February 2020 ...

11 May, 2020 Criminal Law

For the crime of aggravated robbery to be committed it is not necessary to for the violence and the robbery to occur concurrently

Corte di Cassazione penale, sez. II, sentenza del 10 aprile 2020 n.13381...

11 May, 2020 Criminal Law

Motive for not punishing the crime of self-laundering

Supreme Court, Criminal Section VI, Sentence no. 13571 of 8 March 2020...

11 May, 2020 Criminal Law

Covid-19 emergency and updated risk assessment for crime prevention under Legislative Decree no. 231

In the current Covid-19 emergency and with the upcoming so-called Phase 2, it seems essential for companies to update their risk assessment documents...

08 May, 2020 Compliance

To obtain special amnesty, the tenant must necessarily pay the debt in full

Constitutional Court, Decision no. 10 March - 24 April 2020 no. 79...

08 May, 2020 Reale Estate

Copyright: works produced by judges and legislators in the performance of their duties are not protected by copyright

The U.S. Supreme Court ruled that copyright may not be extended to works produced by judges or legislators in the performance of their judicial and legislative functions....

07 May, 2020 Intellectual Property

Counterfeiting and trademark registration in bad faith: the decision in the Sky vs. SkyKick case

Sky Plc & Ors v Skykick UK Ltd & Anor [2020] EWHC 990 (Ch), 29 April 2020...

07 May, 2020 Intellectual Property

The dispute concerning the resolution by which the shareholders’ meeting approves the reduction of the share capital below the legal limit cannot be settled by arbitrators

Civil Supreme Court, section I, Ruling no. 14665 of 29 May 2019. Est. Lamorgese...

07 May, 2020 Corporate, M&A

The amendment of the clause in the Bylaws relating to the distribution of profits justifies the right of withdrawal of minority shareholders

Civil Supreme Court, section I, Ruling no. 13845 of 22 May 2019. Est. Terrusi...

07 May, 2020 Corporate, M&A

The financing the member of a building cooperative society by the subsidiary is part of loan contracts

Civil Supreme Court, section I, Ruling no. 732 of 15 January 2020. Pres. Campanile. Est. Lamorgese...

07 May, 2020 Corporate, M&A

Suspension of the implementation of the Covid-19 consumer emergency plan

Court of Naples, April 17, 2020. Est. Livia De Gennaro...

06 May, 2020 Financial Distress

The agricultural enterprise may go bankrupt if it performs a typically ancillary activity

Civil Supreme Court, Section I, Ruling no. 28984 of 08 November 2019. Pres. Dido. Est. Ferro...

06 May, 2020 Financial Distress

The lending bank filing proof of claim must deposit evidence of the receipt and the accounts certifying the release of the sums

Italian Supreme Court, Civil, section I, Ruling no. 28526 of 06 November 2019. Pres. Dido. Est. Ferro...

06 May, 2020 Financial Distress

ISA (Summary Reliability Indices): Definition of the criteria to access the scheme for the 2019 tax year

The Tax Authorities indicated the levels of tax reliability to which the bonus benefits are connected for the 2019 tax period...

06 May, 2020 Tax

2019 financial statements: no change to the balance sheet values

The emergency should not require any adjustment to the amounts in the 2019 financial statements. ...

06 May, 2020 Tax

Scope for the application of the temporary works scheme

Council of State, Section II, Judgment no. 2782 of 30 April 2020...

05 May, 2020 Administrative, Energy and Environment

On the principle of rotation in tenders

Council of State, Section V, Judgment no. 2449 of 20 April 2020...

05 May, 2020 Administrative, Energy and Environment

On the interpretation of Article 84(5) of Legislative Decree No 18/2020

Council of State, Section VI, Order no. 2538 of 21 April 2020...

05 May, 2020 Administrative, Energy and Environment

The right to bring a legal action is a condition for a decision on the merits

Court of Naples, 04 February 2020. Pres. Raffone. Est. Federica Colucci...

05 May, 2020 Litigation and Arbitration

Negotiation related declarations must also be interpreted in the light of textual and extratextual elements since the literal meaning of the words alone is not sufficient

Court Naples, 4 February 2020. Pres. Raffone. Est. Federica Colucci...

05 May, 2020 Litigation and Arbitration

If the flight is cancelled and if the passengers request compensation, the rules laid down in Article 33 of the Montreal Convention shall apply

Italian Supreme Court - Civil, United Sections, Judgment no. 3561 of 13 February 2020...

05 May, 2020 Litigation and Arbitration

The Protocol on the regulation of workplace safety measures in relation to the risk arising from Covid-19 has been updated

The Protocol regulating measures to combat and contain the spread of the Covid-19 virus in the workplace of 24 April 2020...

04 May, 2020 Employment

Fixed-term contracts can be renewed even in the presence of a social safety net for Covid-19

Law Decree no. 18 of 17 March 2020, converted into Law no. 27 of 24 April 2020, art. 19-bis of 17 March 2020...

04 May, 2020 Employment

INPS – Coordination between wage subsidies and illness

INPS Communication no. 1822 of 30 April 2020...

04 May, 2020 Employment

Failure to pay social security benefits: the economic capacity of the Institute is not relevant for the feebleness of the fact

Supreme Court, Criminal Section III, Judgment no. 13107.of 28 March 2020...

04 May, 2020 Criminal Law

Permission for the detained son if the father is elderly and ill

Criminal Supreme Court, Section I, Judgement no. 12343 of 6 March 2020...

04 May, 2020 Criminal Law

Road deaths: no conviction without an actual speed check

Italian Supreme Court, Criminal Section IV, Judgment no. 10152 of 16 March 2020 ...

04 May, 2020 Criminal Law

Conditioners on façade of a building: the individual owner can oppose ratification at the meeting

Civil Supreme Court (Corte di Cassazione), Section VI -2, Order no. 29924 of 18 November 2019...

03 May, 2020 Reale Estate

Registration of a 3D trademark consisting exclusively in the shape of a product

European Court of Justice, Case no. C237/19 of 23 April 2020...

02 May, 2020 Intellectual Property

The responsibility of auditors even in case of inertia

Civil Supreme Court, section I, Judgement no. 18770 of 12 July 2019. Pres. Dido. Est. Loredana Nazzicone...

01 May, 2020 Corporate, M&A

The common arbitration clauses contained in the articles of association are valid, provided they are prior to the entry into force of Legislative Decree no. 5/2003

Court of Modena, 17 September 2019. Est. Masoni...

01 May, 2020 Corporate, M&A

The shareholders of an s.r.l., who intentionally decided or authorized certain actions which harmed the company, pursuant to the provisions of Article 2476 of the Italian Civil Code, are liable

Court of Appeal of Venice, 21 November 2019. Pres. Santoro. Est. Valle...

01 May, 2020 Corporate, M&A

Art. 83 of the Italian “Cura Italia” Law Decree does not apply to complaints against the Official Receiver’s partial allocation project

Court of Forlì, 1 April 2020. Est. Barbara Vacca...

30 April, 2020 Financial Distress

The decree by which the delegated Judge orders the cancellation of mortgages can be appealed in the Supreme Court

Civil Supreme Court, Section I, Judgement no. 30454 of 21 November 2019. Pres. Dido. Est. Pazzi...

30 April, 2020 Financial Distress

The Official Receiver has the power to ask debtors of the person who declared bankruptcy to perform the service/goods requested, even if this is prior to the declaration of bankruptcy

Civil Supreme Court, section I, Judgement no. 30446 of 21 November 2019, Pres. Dido. Est. Genovese...

30 April, 2020 Financial Distress

Le domande di protezione internazionale, di protezione sussidiaria e di protezione umanitaria si fondano su differenti causae petendi

Civil Supreme Court, Section I, Judgement no. 762231 of March 2020. Pres. Genovese. Est. Di Marzio...

29 April, 2020 Litigation and Arbitration

The expert has the obligation of informing his/her client regarding the chances of success of an appeal against a tax measure

Court of Vicenza, 26 March 2020. Est. Accounts...

29 April, 2020 Litigation and Arbitration

Balancing between the right to protect industrial secrets and the right to access administrative documents which are necessary to protect a person’s legal rights (accesso difensivo)

Council of State, Section V, Judgment no. 2449 of 20 April 2020...

29 April, 2020 Administrative, Energy and Environment

Self-Declaration of Parliament (Camera dei Deputati) and the Code of Public Contracts

TAR LAZIO - ROME, Section I, Judgment no. 4183 of 24 April 2020...

29 April, 2020 Administrative, Energy and Environment

Preventive seizure pursuant to Article 321 of the Italian Criminal Code and grounds for exclusion of an economic operator from participating in a tender or concession procedure

Council of State, Section III, Judgment no. 2245 of 2 April 2020...

29 April, 2020 Administrative, Energy and Environment