Studio Legale Pavan Website

Late appeal in the administrative process

Il Consiglio di Stato, sez. IV, con sentenza n. 3629 dell’8 giugno 2020 ha stabilito che il soggetto legittimato all’opposizione di terzo deve rivestire la qualità sostanziale di litisconsorte necessario pretermesso. In termini generali, è tale chi sia titolare di una situazione soggettiva autonoma e incompatibile con quella accertata nel processo, ovvero con quella riferibile alla parte ...

Application of the consumer code to the sale of defective used cars.

The Court of Cassation, with sentence no. 13148 of 30 June 2020, established that in the matter of consumer goods, such as cars, the discipline of the consumer code (art.128 et seq.) Is applied, the discipline of the civil code on the subject being applicable of sale only for what is not foreseen by the special legislation, given the clear preference of the legislator for the special legislatio...

Coronavirus: the creditor is not allowed to protest against bills due to the pandemic.

The Court of Bologna, by order of 4 June 2020, in the context of a precautionary procedure, inhibited the creditor from collecting, turning to third parties and submitting promissory notes that the debtor is unable to pay at the set deadlines due to the pandemic, therefore applying art. 91 d.l. 18 of 2020 (so-called "Cura Italia")....

The procedural delay of the P.A.

The T.A.R. Tuscany, section II, with sentence no. 783 of 23 June 2020 established that the subjective element of the "guilt of the apparatus" exists when, in the face of the evident expansion of the procedural time, the Administration offers no particular justification except an apodictic reference to the "complexity of the procedure" itself and the "nature of the public interests to be protect...

Copyright and protection of the layout.

The Civil Cassation, with sentence no. 8433 of 30 April 2020 established that, in accordance with the Copyright Law, the organization of the space resulting from the precise combination of elements that, although common where individually examined, is the original whole, can be protected. as endowed with that minimum of creative contribution suitable for its promotion for access to authorial pr...

Procurement: right to revise contract prices in case of renewal

The Council of State, section V, with sentence of 16 June 2020 n. 3874, established that in the event that the contractor expresses his will to renew the contractual relationship, it is in re ipsa that the same accepts the new determination of the price and will not be entitled to its price review, which instead is due in the event that the mere time delay of the end of the service has been agr...

Contractual liability of the notary who fails to verify whether the property is burdened by prejudicial transcriptions.

The Court of Cassation, with sentence no. 11296/2020, established that, for the notary requested for the preparation and drafting of a public deed of real estate transfer, the prior verification of the freedom and availability of the property and, more generally, of the results of the real estate registers through their visura, constitutes , unless expressly waived by the agreement of the parti...

The regulation of jurisdiction can be processed if the certificate of conformity is missing.

The Civil Cassation, with order no. 10429/2020, established that, when the procedural documents were formed and transmitted electronically, the production in court must take place: 1) by printing and filing the electronic document; 2) certifying, by the defender, that the deposited copy is in conformity with the original. The lack of attestation of conformity to the original of the printout of ...

Compensation for damage to the transported third party who did not wear seat belts.

The Court of Cassation with order no. 11095 of 10 June 2020 established that, if the movement took place without the transported person fastening the seat belts, there is a hypothesis of cooperation in the culpable event and, therefore, must be considered indemnifiable, to be borne by the driver of the vehicle, also the damage to the physical integrity that the transported person has suffered a...

Commercial leases at the time of Covid-19: the recent provision of the Genoa Court.

With an unheard-of decree of part of 1 June 2020, the Court of Genoa has accepted in summary form, an urgent appeal, introduced pursuant to art. 700 c.p.c. by a conductor of a business in difficulty, by ordering the lessor to refrain from submitting bills of exchange for collection of the unpaid royalties, or to pass them on to third parties....

The Council of State on preliminary investigation, making use of and declaration of denunciation against the contracting authority.

The Council of State, section III, with sentence no. 3506 of June 4, 2020 established that, in case of use, the total lack of the declaration of obligation towards the contracting authority and its essentiality, therefore irreplaceable with the attestation on the possession of the requirements and with the assumption of the established obligations in the availment contract, they make it impossi...

Anti-mafia information in public tenders.

The Council of State, section III, judgment of 24 March 2020, no. 2064 established that the anti-mafia information binds the contracting stations to revoke the award, or to withdraw from the contract, unless they believe they exercise the power referred to in art. 94, paragraph 3, Legislative Decree no. 159 of 2011, upon the occurrence of the exceptional conditions envisaged by this provision....