Studio Legale Pavan Website

Coronavirus alone is not sufficient to supplement the periculum in mora for the purposes of art. 700 of the Italian Code of Civil Procedure

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 ge...

Avoidance action and reintegration of legitimate shares in nature.

The Supreme Court, section II civil, with decision no. 16515/2020 established that, in the event of successful experimentation of the reduction action, the reinstatement to the rightful, in principle, must be done in nature, by attribution, in whole or in part of the goods subject to the reduced provisions. Generally, this statement is proposed to protect the right of the holder, which in prin...

Know-how, patentability and disclosure of industrial secrets.

The Supreme Court, with decision no. 16975/2020, reiterated that for the purposes of configuring the crime of disclosure of industrial secrets, the existence of the conditions for patentability is not necessary, pursuant to art. 2585 ​​of the Italian Civil Code, of the discovery or application revealed, since the "industrial secret" understood in a broad sense must be considered the object ...

The sanctioning power of the Anac

The T.A.R. Lazio, Section I., with decision no. 7961/2020, clarified that the production or use, by an economic operator participating in a public procedure, of false information and false documents are behaviors that can be sanctioned in a parallel and autonomous manner by both the contracting authority, which is responsible for deciding whether or not to expel the participant from the tender,...

Passive solidarity between co-debtors and partial settlement

The Supreme Court, Section II, with Sentence no. 14711/2020, reconfirmed the principle in point of joint and several obligations according to which the transaction stipulated between the creditor and one of the co-debtors, which concerns only the partial debt of the latter, causes the dissolution of the passive solidarity and is effective towards the co-debtor who joins it and cannot involve ot...

Telematic notifications

The Supreme Court, with the ordinance n. 14402 of 8 July 2020 established that, the digital signatures of the type "CAdES" and of the type "PAdES" are both allowed and equivalent, albeit with the different extensions ".p7m" and ".pdf", so that the notification however, by means of the .pdf extension it must be considered valid....

Ordinary jurisdiction in the matter of subsistence of public servitude

The Council of State, section IV, with sentence no. 4570 of July 15, 2020, established that the judicial assessment of the actual existence of public easement is the responsibility of the ordinary judicial authority, since it is a matter of subjective law and not of legitimate interest; while, the administrative judge has jurisdiction exclusively for an incidental knowledge of the matter, pursu...

The award is effective only after the RUP has verified that the general and special requirements are met

The Campania Tar, section II, with sentence no. 2403 of 15 June 2020 confirmed that the administrative procedure for awarding a tender is characterized by two phases: that of the approval of the proposal by the competent body and that of verifying the requirements. The latter can also be completed after the award, which becomes effective only after verification of possession of the prescribed r...

Prohibition on the faculty of subcontracting provided for by the lex specialis

The Council of State, section V, with sentence no. 4252 of 2 July 2020 established that, in the presence of a faculty of subcontracting prohibited by the invitation letter but permitted by the special tender specifications, an ambiguity situation arises deriving from the manner in which the tender regulations were packaged which cannot be made to fall on the operator participating in it with hi...

Ordinance pursuant to art. 702 - ter and term for the appeal

The Court of Cassation, with order no. 15298 of 17 July 2020, established that, the novella of art. 133 of the Italian Criminal Code, paragraph 2, made with Legislative Decree June 24, 2014, n. 90, art. 45, paragraph 1, lett. b), converted with amendments into Law 11 August 2014, n. 114, according to which the communication, by the registry, of the full text of the filed measure is not suitable...

Failure to comply with the deadline set for the conclusion of the final contract and containment measures by Covid-19

With a decree of 8 July 2020, the Court of Verona rejected an appeal for an injunction with which it was requested to order the payment of the amount - corresponding to the agency costs and double the deposit - allegedly due to the recurring as a result of the failure by the promissory seller of the obligation to enter into a definitive property purchase contract. The Court of Verona has establ...

Labor law: the difference between bullying and straining

The Court of Pavia, section Work, with sentence no. 85 of 22 May 2020 considered that mobbing is configurable where it occurs, the objective element, integrated by a continuous plurality of harmful behaviors internal to the employment relationship, and the subjective element of the persecutory intention towards the victim, while the straining, which attenuated form of bullying is configurable w...