Studio Legale Pavan Website

Private procurements, the termination of the contract does not exclude compensation for non-performance

The Court of Cassation, in its judgment No. 421 of 8 January 2024, ruled that, with regard to private procurements, "if the client exercises its unilateral right of withdrawal (pursuant to Article 1671 of the Italian Civil Code), it is not precluded from claiming the return of the down payments made and compensation for damages suffered due to non-performance that occurred during the course of ...

Football, Super League: FIFA and UEFA rules on prior approval of inter-club competitions are contrary to EU law

The CGEU noted, in its judgment No. 333 of 21 December 2023, that the organisation of inter-club football competitions and the exploitation of media rights are, of course, economic activities, which must comply with competition rules and freedoms of movement, even if the economic exercise of sport has certain characteristics, such as the existence of associations with certain regulatory and sup...

Lawful extension of a bathing concession following a comparative procedure

The Council of State reiterates, in its judgement no. 10378 of 30 November 2023, that the principles of EU law on the matter, in the light of the recent and constant practice of the CGEU, taken up by our administrative jurisprudence, require that "the concession of the management of beach areas for tourist-recreational purposes must meet criteria of impartiality, transparency and par condicio: ...

The Supreme Court allows joint and several applications for separation and divorce

The Court of Cassation, section I, in its judgment no. 28727 of 16 October 2023, pronounced following a preliminary reference by the Court of Treviso, ruled that "on the subject of family crises, in the proceedings referred to in Article 473-bis.51 of the Code of Civil Procedure (so-called 'Procedure on joint application'), an appeal by the spouses with a joint and several application for separ...

Updated code of conduct for employees of public bodies: novelties on the use of social media and devices

With Presidential Decree No. 81 of 13 June 2023, the regulation containing the amendments to the Code of Conduct for Public Employees (Presidential Decree No. 62/2013 provided for in Article 54 of Legislative Decree No. 165 of 30 March 2001 'Consolidation Act on Public Employment') was issued. The text introduces novelties on the correct use of information technology and social media by public ...

Debt restructuring agreement: the creditor's silence according to the Supreme Court

With judgment No. 13877 of 19 May 2023, the Supreme Court of Cassation held that the dissent of the Agenzia dell'Entrate with respect to a company's debt restructuring arrangement proposal was not validly expressed. The First Civil Section ruled, in fact, that the Agenzia dell'Entrate acts as a mere nuncius of the tax authority holding the claim, having the burden of documenting the latter's ...

The New Public Procurement Code comes into force

The New Procurement Code, Legislative Decree No. 36 of 31 March 2023, officially entered into force today, 1 April 2023. With some exceptions, the provisions contained therein will become effective as of 1 July 2023: the latter date will mark the definitive repeal of the previous Code, Legislative Decree No. 50 of 18 April 2016....

Class action: the decree in the Official Journal

Legislative Decree No. 28 of 10 March 2023 implementing Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers, so-called class actions, was published in the Official Gazette of 23 March 2023, No. 70....

The Italian Supreme Court Report on the new insolvency code

The so-called “Ufficio del Massimario” of the Italian Supreme Court, with Report no. 87 of 15.9.2022, has provided an overview of the new insolvency code (lastly amended by legislative decree no. 83 of 17.6.2022), transposing the EU Directive no. 2019/1023 (Insolvency Directive). In particular, the “Ufficio” has focused on the main aim of the law, that is the prompt detection of...

Unlawful dismissal for violation of art. 2110 of the civil code

The Italian Supreme Court, with ruling no. 27334 of 16.9.2022, has explained the provisions applicable to a dismissal which violates art. 2110 of the civil code. The Supreme Court has stated that, according to art. 18 of the Workers’ Statute, the dismissal in violation of art. 2110, par. 2, of the civil code, is void, and its consequences are set forth in par. 7 and par. 4 of art. 18,...

A clause providing that property taxes be paid by the tenant is legitimate

The Supreme Court, with Ruling no. 27474 of 20th September 2022, has stated that, in a lease contract for non-residential purposes, the clause providing that the tenant has to pay property taxes is legitimate. In particular, the Court has deemed that such clause does not constitute a violation of article 53 of the Constitution which provides that everybody is required to contribute to ...

Pending criminal proceedings legitimate the exclusion from a public procedure

The TAR Lazio, with ruling no. 5918 of 16th September 2022, has rejected the appeal of an economic operator which was excluded from a public procedure due to criminal proceedings pending for corruption and auction disruption. The TAR has stated that the qualification of a conduct as a serious professional offence, pursuant to art. 80, par. 5, lett. c), of the Public Procurement Code, c...