Studio Legale Pavan Website

Disciplinary dismissal: it is allowed the hearing after having submitted written justifications

The Supreme Court, with sentence no. 19846 of 22 September 2020 established that, in terms of disciplinary sanctions, the worker must be recognized the possibility of full expression of the right of defense and, therefore, also the possibility, after having presented written justifications without formulating any request for an oral hearing, to develop "an afterthought" about the greater defens...

The decision that does not acknowledge the filing of conclusions and replies is not affected by nullity

The Supreme Court, with its order of 30 September 2020, n. 20754 held that, the fact that the final decision does not acknowledge the filing of the final appearance and the reply does not exclude that these documents - filed prior to the hearing - were in any case examined in the decision, thus the possibility of configuring the alleged violation of the adversarial principle and the consequent ...

Novel Foods: the recent decision of the European Court of Justice

The European Court of Justice, Section III, with the recent decision of 1 October 2020 in case C-526/19, established that art. 1 par. 2, letter a) of the old Regulation (EC) 258/97, applicable ratione temporis to the procedure, must be interpreted as meaning that foods consisting of whole animals intended to be consumed as such, including whole insects, do not fall within the scope of ...

The obligation to repêchage should not be indicated in the dismissal letter

The Supreme Court, with sentence no. 16795 of 6 August 2020 states that the employer is obliged to communicate in writing the reasons for the withdrawal, but is not required to specifically expose all the factual and legal elements underlying the provision, being instead sufficient to indicate the case of withdrawal in its essential features and circumstances, so that in the appeal it cannot in...

Nullity of the preliminary contract if the surety is less than the deposit

The Supreme Court, Section II, with the Ordinance no. 19510/2020 sanctioned the nullity of the preliminary contract if the surety guarantee, pursuant to art. 2 of Legislative Decree 20/06/2005, n. 122, was issued by the manufacturer for a lower amount than the sums paid by the promising buyer as a deposit without the works having been completed. In the case of a sale involving properties to be ...

The United Sections on Compulsory Mediation in Opposition Judgments to Injunctive Decree

The Supreme Court, at United Sections, with sentence of 18 September 2020, n. 19596 enunciated the principle according to which, in disputes subject to mandatory mediation, pursuant to Legislative Decree no. 28 of 2010, art. 5, paragraph 1-bis, whose judgments are introduced with an injunction, once the relative opposition judgment has been established and the requests for concession or suspens...

Virtual nullity of the contract and confessional effectiveness of the declarations contained therein

The Supreme Court, with order of 22 September 2020, n. 19755 established that the nullity of the contract for contrary to mandatory rules overwhelms the clauses, but not any declarations of science or will contained therein. On the basis of this principle, the Court held that the declaration of nullity of a sales contract does not in itself overwhelm the confessing effects of the declaration, i...

Covid - 19: the Supreme Court promotes mandatory renegotiation

The Office of the Supreme Court, on July 8, 2020, published a thematic report concerning the regulatory changes resulting from the Covid-19 emergency in the contractual and insolvency context. After analyzing the recent emergency interventions in relation to traditional codicistic remedies, which, as is well known, have a predominantly "demolition" nature, the Supreme Court makes a deci...

The administrative warning for the violation of agri-food regulations in the light of the D.L. 76/2020 converted.

On 11 September 2020, the D.L. 76/2020 so-called "Simplifications" was converted, with amendments, into Law 120/2020. In art. 43, paragraph 3, a series of provisions have been introduced that have profoundly innovated the discipline of the administrative warning for violations of agri-food regulations, provided for by art. 1, paragraph 3 of the D.L. 91/2014. In particular, due t...

Bilateral EU-China agreements for the protection of food products.

  Today, September 14, 2020, a bilateral agreement was signed between the European Union and the People's Republic of China to "protect 100 European geographical indications in China and 100 Chinese geographical indications in the European Union from usurpations and imitations". This agreement, first concluded in November 2019, is expected to generate mutual commercial benefits...

Applicability ratione temporis of the provisions on the procurement procedure introduced by art. 4 of the d.l. n. 76/2020

The T.a.r., section II, n. 9044 established that the regulatory provisions introduced by art. 4 of the decree law 16 July 2020, n. 76, have a procedural nature and are applicable, according to the general principle of the tempus regit actum, to disputes subject to the so-called procurement rite called for decision in scheduled precautionary hearings at a date after their entry into force....

A worker who refuses to undergo a preventive technical assessment of his illness cannot be fired.

The Supreme Court, Labor section, with sentence no. 16251 of July 29, 2020 established that the employer cannot impose health checks on its employees except within the limits set out in art. 5 L. 300/70. As a result, the employer cannot propose a preventive technical assessment in order to assess the employee's state of health, nor can evidence be drawn from the employee's refusal to submit to ...