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Coronavirus alone is not sufficient to supplement the periculum in mora for the purposes of art. 700 of the Italian Code of Civil Procedure
- 08/09/2020
A recent decision of the Court of Lucca of 6 July 2020 rejected an appeal pursuant to art. 700 c.p.c. for lack of the requirement of periculum in mora, ruling that, the "Coronavirus" event has affected almost all contractual relationships and in the absence of a serious damage suffered in the specific case in question by the applicant, such as to distinguish its position in the most general contractual relationships, this event (i.e. Covid-19) cannot in re ipsa constitute an imminent and irreparable prejudice capable of establishing the precautionary protection pursuant to art. 700 c.p.c.
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...