Studio Legale Pavan Website

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....

Burden of proof on the creditor in the presence of multiple debts of the debtor past due.

The Court of Cassation with recent order of May 29, 2020, n. 10322 established that, if the debtor has demonstrated that he has paid sums suitable for extinguishing the debt for which he has been sued, having been executed with reference to a specific credit, it is for the creditor-plaintiff, who claims to charge the payment to extinguish another credit, demonstrate both the existence of more t...

Commercial leases at the time of Covid-19: the lessor was unable to collect checks to guarantee the rents.

The Court of Bologna, with decree n. 4976 of 12 May 2020 considered the fumus boni juris of the precautionary application of unheard of urgency to be a different part with which the tenant of commercial property asked to inhibit the landlord from collecting the bank checks to guarantee the regular payment of rental fees, on the assumption of impossibility of payment as a result of the closure o...

Succession: legacy to replace legitimate.

The Court of Cassation, with sentence no. 8195 of 27 April 2020, established that the legitimate, who is the recipient of a legacy in place of a legitimate one, can obtain the part of the hereditary assets due to him under the law rather than keeping the legacy, only after the fulfillment of a charge, consisting in the renunciation to the legacy itself (on this point also, Cassation No. 19646 o...

Be wary of fulfilling: if the deadline is less than 15 days it has no effect.

The Court of Cassation, with sentence no. 8943 of 14 May 2020, established that in terms of warning to fulfill, a term shorter than fifteen days is only based on the conditions set out in art. 1454, paragraph 2, c. c.; consequently, in the presence of the assignment of the shorter term, the following are irrelevant: the previous reminders addressed to the debtor for the fulfillment, as this cir...

Public procurement: the withdrawal during the tender phase of one of the grouped companies.

The Sicily Tar, section I, with sentence of March 30, 2020, n. 688 established that the withdrawal of one or more companies grouped in the tender phase is allowed, even if the grouping is reduced to a single entity, exclusively for organizational reasons of the grouping and provided that the remaining companies have the qualification requirements appropriate to the works o services or supplies ...

Death and compensation for damages: latest news.

The Court of Cassation, with sentence no. 8532 of May 6, 2020 provided that in the event of the death of the damaged party, the damage paid according to the Milan tables must be reduced proportionately by the court of merit, having regard to the time of actual survival of the injured party. In particular, the trial judge will have to adopt the proportion criterion, according to which the compen...

Public procurement and immediate appeal of the notice.

The Council of State, section V, with sentence no. 2183 of March 31, 2020 established that in public tenders it is the burden of the interested party to proceed with the immediate appeal of the clauses of the notice or of the invitation letter which prescribe the possession of admission requirements or participation in the tender whose deficiency immediately determines the exclusionary effect, ...

The heirs are entitled to a substitute allowance for holidays not enjoyed by the deceased

The Civil Cassation, labor section, n. 7976 of April 21, 2020, established that where it is no longer possible to benefit from the holidays accrued during the relationship - and this is what happens when the employment relationship ends due to the death of the worker - these can only be monetised, especially when it appears that the worker had not refused an employer offer to enjoy it....

Damage settlement not based on the Milanese tables is illegitimate.

The Court of Cassation, with order of May 5, 2020, n. 8468 has specified that the parameters of the Milan Tables are to be taken as a reference by the judge of merit for the purposes of liquidating the non-pecuniary damage, or as a criterion for checking and verifying that of a lower amount to which it is otherwise received, since the reasoning that does not take into account the reasons for th...

It is not abuse of the process if the creditor uses the monitoring procedure only for the liquid part of the credit and reserves the right to act in another judgment for that variable.

The Supreme Court with order no. 8165 of 24 April 2020 established that no abuse of the process is configurable, when the creditor uses the shortest route, i.e. the monitoring procedure to collect the part of the credit already liquid and reserves the right to act subsequently for the assessment and the liquidation of the variable part of his alleged claim, due to the different nature of the cl...

Second houses and tenants. The new order of the Veneto Region n. 44/2020.

The order of the Veneto Region n. 44 of May 3, 2020 reaffirmed that movements to second homes and other movable assets (e.g. boats, campers, etc.) by owners or lessees are permitted, for the sole purpose of carrying out maintenance activities. In the clarifications available on the Veneto Region website, it also states that, for this purpose,  tenants must have a specific declaration issued by...