News
- 16/12/2019
The Council of State expressed itself on the appeal brought against a ruling of the TAR Lazio, concerning an open e-procedure, divided into lots, for the conclusion of a 36-month framework agreement for the assignment of a service of catering. The Judges have established that "according to the principle of non-compliance with the causes of exclusion (see Article 83, paragraph 8, Legislative...
- 16/12/2019
The Second Section of the Civil Cassation with judjment of 12th December 2019 was pronounced at the preliminary stage of an asset of donation, reaffirming that, even if the provenance does not entail for itself a concrete and actual danger of loss of the asset, such as to enable the promissory buyer to use the remedy of the art. 1481 of the Civil Code, “it is nevertheless an influential c...
- 09/12/2019
In its ruling of 27th November 2019 the European court of Justice interpreted the directive 2004/18/CE of the European Parliament and of the Council of March 31, 2004 concerning the coordination of the procedures for the award of public works contracts, supplies and services in the sense that it precludes national legislation which limits the portion of the contract that the bidder is authorize...
- 09/12/2019
With its order no. 30745 of 26th November 2019 the Civil Court of Cassation reiterated that the applications and exceptions that are the result of the defendant’s resin-in-form applications and exceptions must be proposed at the first hearing of the debate, as the memory referred to art. 183 paragraph 6, no. 1 c.p.c. allows the plaintiff to specify and edit only “already proposed” quest...
- 02/12/2019
By order 20th November 2019 no. 30195 the Civil Court of Cassation ruled that the illegitimate occupation of a fund by the Public Administration and the consequent transformation of a private good, outside of a legitimate expropriation procedure or a healing procedure, as it is illegitimate, it does not complete the requirement of possession, useful for the purposes of adverse possession. Other...
- 02/12/2019
By its judgment of 18th November 2019 no.7858 the Second Section of the Council of State has ruled on administrative detention referred to article 69 of the Royal Decree of 18th November 1923 no. 2440, which allows a State administration that has, in any capacity, reason of credit to those entitled to sums owed by it or other State administration, to suspend payment, in view of the protection o...
- 25/11/2019
The Council of State, with a ruling of last November 15, no. 7845, stated that the judge can assess the compensable damages, including the so-called ‘curricular damage’, only after the prognostic judgment, which must be carried out according to the counterfactual method, has been positively concluded, to ascertain whether the applicant could actually have achieved the asset if the administr...
- 25/11/2019
The Court of Cassation, in a ruling dated November 19, 2019, no. 30083, affirmed the following principle of law concerning real estate mediation: “In order to recognize the right to commission to the mediator, the deal must be considered concluded when, between the parties connected by the mediator himself, a legal constraint has been established that enables each of them to act for the s...
- 18/11/2019
With judgement no. 6251 of 20th September 2019 the Fifth Section of the Italian Council of State declared that the deadline for appealing the award notice starts from the day in which the subject had full knowledge of the content of the award communication. Moreover, according to the judgement, the award communication cannot be replaced by other forms of legal advertising, such...
- 18/11/2019
On November 15th 2019 the Italian Civil Cassation has expressed the following principle of law: "In the matter of opposition to the execution, the voidance of the notification of the payment order does not implicate the inexistence of the title and, therefore, cannot be deduced through opposition to the order to comply, or to the execution undertaken under articles 615 and 617 cod. proc. ci...
On liability for damage to third parties in the service agreement: Cassation n. 27612/2019
12/11/2019With order n. 27612 of 29th October 2019 the Cassation Court stated that «the rule for which only the contractor responds if he has worked independently with his own organization, or the sole customer, in the case in he was involved in the works with binding directives, which have reduced the contractor to the rank of ‘nudus minister’, certainly applies in the internal contrac...
- 12/11/2019
With judgement n. 27610 of 29th October 2019 the Court of Cassation reaffirmed the principle according to which the total lack of accounting as well as the keeping of the same in an approximate and unclear way justifies by itself the condemnation of the administrator to compensation for damages in the liability action brought by the company pursuant to Art. 2392 of the Civil Code. That's becaus...