News
Court of Strasbourg: the company can spy on workers suspected of stealing with hidden cameras
04/11/2019The employer can install hidden cameras without informing the employees if he has the well-founded suspicion that they are robbing him and if the losses sustained for their conduct are huge. This is established by the European Court of Human Rights with a ruling dated 17 October 2019. The case concerned the events of a Spanish supermarket dating back to 2009, where, due to inconsistenci...
- 04/11/2019
For the Council of State, the deposit of the memory made after the deadline of 12:00 a.m. on the last day allowed is not late. Although the Judges are aware of the existence of an opposite trend, it refers the jurisprudence of the same Third Section according to which the electronic deposit of documents is possible until midnight of the last day allowed, as required by art. 4, paragraph 4 of th...
- 28/10/2019
On October 21, 2019 the Court of Cassation ruled on the nature of coverage limit of insurance policy and on the related burden of proof, stating that "regarding the insurance for civil liability, the maximum coverage is not an essential element of the insurance contract, which can be validly stipulated without the relevant agreement, nor does it generate the insured credit, nor it represent...
- 28/10/2019
The Criminal Court of Cassation with sentence n. 42522/2019 confirmed the judgement of the Court of Appeal of Bologna that had acquitted the legal representative of a company for the crime of non-payment of VAT taxes pursuant to art. 10 ter D. Lgs. n. 74/2000. The Supreme Court ruled that for the purposes of configurability of the omissive offense in question the generic fraud ...
- 22/10/2019
The Court of Cassation, Criminal section, has recently stated in relation to the issue of reparation of the damage as a mitigating factor applicable to waste regulations. The case concerned a conviction for the crime pursuant to Articles 110 Criminal Code and to Art. 6, lett. a, D.I. 172/2008 for the management of an illegal landfill without the required authorization. The Court...
- 22/10/2019
The Court of Cassation gave a recent statement about the assessment of the insolvency status of a company in liquidation. With order n. 24948 of 7 October 2019, the Court ruled that, for the purposes of the applicability of the Art. 5 Bankruptcy Act (R.D. 267/1942), the judge must limit himself to ascertaining “if the active elements of the corporate assets allow to guarantee the equal an...
- 14/10/2019
With the judgment of 26 September 2019 (case C-63/18), the European Court of Justice ruled in relation to the legitimacy of the provision of the Italian Procurement Code regarding the restriction of the 30% subcontracting quota (which was currently raised to 40% by Act 55/2019). The request for a preliminary ruling under Article 267 T.F.E.U. was made by the T.A.R. Lombardia (Regional Ad...
- 14/10/2019
The Administrative Court of Emilia-Romagna, with judgement of 1 October 2019 has established that, pursuant to articles 117 and 31 c.p.a., it is not possible to appeal against the administration’s silence/non-performance, held by the Administration in relation to an instance of the private, aimed at obtaining the fulfillment of an urban development agreement or the fulfillment of Guidelines f...
Money laundering and liability pursuant to Legislative Decree 231/2001
08/10/2019With regard to liability pursuant to Legislative Decree n. 231 of 2001 the Cassation, with sentence n. 37120 of september 5th 2019 has had occasion to reiterate that the money-laundering operations ensure the profit of the crime, represented exactly by the value of the sums of money that have been the object of the operations aimed at hindering the identification of the criminal origin: in th...
The new Italian D.L. on national cyber security
08/10/2019The recent “Decreto Legge” 21 September 2019 no. 105, containing the urgent provisions on the cybernetic national security perimeter came into force on 22 September. The decree defines the s.c. "Cyber-national security perimeter": infrastructures (and IT tools) considered at risk and worthy of a high level of security and protection. The rule explicitly refers to the IT serv...
General civic access and the burden for the instant to indicate the required documents
01/10/2019With judgement of 2 September 2019 no. 6028, the Italian Consiglio di Stato, section III, has ruled on the right of access to administrative documents through generalized civic access. Although there is no obligation to indicate the documents for which the exhibition is held, in the aforementioned judgment, the Italian Consiglio di Stato clarified that in order to obtain from the admin...
Occupational safety: the Cassation on the subject of interference risks and guarantee positions
01/10/2019In the presence of interference risks pursuant to art. 26 of Legislative Decree no. 81/2008 it is necessary to have regard not to the civil qualification attributed to the relationship between the companies that cooperate among themselves but to the effect that such relationship originates and, therefore, to the concrete interference between the organizations that operate on the same workplace ...