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  • Dismissal is legitimate even if the non-labor behavior integrating due cause of dismissal is prior to employment

    18/02/2019

    The non-labor behavior that may be relevant for the purposes of integrating the due cause of dismissal, does not necessarily have to be subsequent to the establishment of the working relationship, provided that such behavior, learned by the employer after conclusion of the contract, is effectively incompatible with the degree of entrustment required by the tasks assigned to the employee. ...

  • Public procurements: the declaration of the works and services that are intended to be subcontracted is necessary

    18/02/2019

    At the time of the offer, pursuant to art. 105, paragraph 4, of Legislative Decree no. 50/2016, the competitor must declare the part of the services that he intends to subcontract and this declaration must be specific especially if it is a hypothesis of necessary subcontracting. In case of failure to declare, in case of necessary subcontracting, it is not even possible to have recourse ...

  • After the debtor has paid the debt, the creditor cannot act for the costs of the draft notice

    12/02/2019

    When the debtor has paid in full the sum indicated in the injunction order, including the interests and legal costs paid in the monitoring measure, the creditor cannot order the payment of the expenses, on the basis of the same decree, incurred after its issuance and necessary for the notification. For these expenses, in fact, , the creditor must perform the action of ordinary cognition...

  • Commercial agent: clarifications from the Court of Justice of the European Union

    05/02/2019

    According to the European legislation, "commercial agent" means the person who, as an independent intermediary, is permanently appointed by the “principal” to deal the sale or purchase of goods, or to process and conclude such transactions in the name and on behalf of the principal himself (Article 1 of Directive no. 86/653). The Court of Justice of the European Union, Section Fourt...

  • Administrative infringement disputed against a S.n.c.: only the natural person can be liable

    29/01/2019

    With regard to administrative sanctions, pursuant to art. 3 of the Law of 24 November 1981, no. 689, is considered to be responsible for the administrative infringement only the natural person to whom the action or omission, that constitutes an infringement, is referable. It follows that, if an administrative infringement is abstractly attributable to a company, managing directors are n...

  • The hidden sale of a company can be proven by presumptions

    29/01/2019

    The Court of Treviso in the sentence of 30th November 2018, no. 2395 established that the hidden sale of a company can be proved by the creditor through presumptions. In the case submitted to the Court, the sale was deemed to be deducible on the basis of multiple presumptions, considered to be serious, precise and concordant, such as: the identity of the registered office; the exercise ...

  • Financial Law 2019: new values of thresholds by way of derogation from the Public Procurements Code

    21/01/2019

    The Law no. 145/2018 (c.d. Financial Law 2019) has provided, in paragraph 912, pending a comprehensive review of Legislative Decree 18 April 2016, n. 50 (Public Procurements Code), a temporary derogation from the procedures for the assignment of works. It is established that, from 1st January to 31st December 2019, contracting authorities will be able to: entrust works between € 40,00...

  • Notification at the previous address of the domiciliary attorney is considered as non-existent

    21/01/2019

    The Italian Court of Cassation in the ordinance no. 32931 of December 20th 2018 established that there was no notification of the appeal that was not successful due to an error (imputable to the lawyer) on the domicile of the domiciliary defender, determined by the fact that there had been a change in the address of the professional firm, promptly indicated in the register. Referring to...

  • Public tender: the Administrative Court reiterates the principles regarding the contestation of tender notice

    14/01/2019

    The Administrative Court of Lazio Region, Sec. III quater, with the Sentence no. 11828 of December 6th 2018 established that those who voluntarily abstained from participating in a public tender are not entitled to ask for the annulment, even though there is an interest in the competition being re-banned. This general rule can be waived, for the needs of widening the protection of compe...

  • Dismissal: even the employer can take legal action ascertaining the legitimacy of the dismissal.

    14/01/2019

    The Cassation, Sec. Work, with the sentence of 23rd November 2018, no. 30433 established that the employer can take legal action to ensure the legitimacy of the dismissal. Therefore, due to the constitutional principle of equivalence in the attribution of the available procedure means, the same judicial protection must be recognized for both parties of the substantive relationship. For ...

  • Company: the professional role of director is supposed to be burdensome

    08/01/2019

    Due to the presumption of burdensome of the mandate, the professional role of director of a company determines the right to remuneration, which is independent of an express agreement of the parties and from the request for liquidation by the administrator to the company administered during his office. Any eventual inaction in that sense, therefore, cannot have any value of tacit renunci...

  • Separation: the alimony cannot be granted for the spouse who has established a de facto family

    08/01/2019

    The Civil Court of Cassation, Sec. I, with the Sentence n. 32871 of December 19th 2018 established that in the event of legal separation of the spouses and the formation of a new de facto family by the spouse receiving the maintenance allowance, a break occurs between the previous phase of matrimonial cohabitation and the new factual structure. Due to this, it is extinct the right to periodic c...

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