News
- 25/09/2019
The Court of Cassation with sentence no. 6760/2019, stated about the scope of the obligation pursuant to art. 1129, paragraph 8 of the Civil Code, which establishes that, upon termination of his office, the building manager is required to deliver all the documentation relating to the building management, in the hands of the new manager. In particular, the Court specified that the mere p...
Right of access to documents.: the denial is lawful for the "massive" access request
25/09/2019The Council of State, with the sentence of 13 August 2019 n. 5702, specified the limits of the admissibility of the request for “civic” access to the documents, in a case in which the request of the private party was aimed at obtaining a copy of all the commercial licenses issued by the Municipality. In the opinion of the Supreme Council, the regulation of the right of access to doc...
- 17/09/2019
With sentence of June 27, 2019, no. 28097, the section IV criminal section of Court of Cassation, established that, in terms of the liability of institutions deriving from culpable crimes committed in violation of the accident prevention regulations, the objective attribution criteria (represented by the interest and the) occur when the perpetrator of the crime has violated the precautionary re...
- 17/09/2019
The Constitutional Court with the sentence no. 158 of June 25, affirmed the constitutional illegitimacy of the Article 32, par. 2 of Leg. Decree no. 150/2011. The Court stated the constitutionally illegitimate of the provision, because it does not provide, in addition to the territorial jurisdiction of the judge of the place where the office that issued the opposite order is located, al...
- 09/09/2019
The dismissal of the bank official who transmits information to external officials regarding the creditworthiness of clients is legitimate. The Italian Court of Cassation, with judgement n. 20521 of July 30, 2019 claimed that the banking executive is fired with just cause. In particular, the official had sent some messages to other banking executives, concerning the availability of fund...
- 09/09/2019
The United Chambers, with the Order of July 23rd 2019, no. 19893, pronounced on a reinstatement before the Administrative Court of a trial initiated before the ordinary judge, following the declination of the latter's jurisdiction. According to the order of the United Chambers, “the administrative judge cannot raise the negative conflict of jurisdiction, if the case was not promptly r...
Warranty for defects: the interruptive effectiveness of the prescription of extrajudicial events
02/09/2019With sentence no. 18672 of 11 July, the United Sections of the Court of Cassation affirmed the principle of law according to which, in the sale contract, constitute a suitable interruptive acts of the prescription of the warranty for defects (provided as per article 1495, paragraph 3 of the Civil Code), the extrajudicial manifestations of will of the buyer carried out in the forms as per articl...
- 02/09/2019
The Italian Court of Cassation, with Ord. July 31, 2019, no. 20638, established that a certified e-mail, regularly received, is enough for starting the elapsing of the deadline for the opposition and that there is no need for the bankruptcy trustee to send a double communication, by fax and by certified e-mail, about the outcome of the declaration of claims. The Supreme Court specified ...
- 12/08/2019
The TAR of Molise, with Judgement no. 259 of May 16, 2019 stated on the issue of the causes of exclusion from tendering procedures in case of offences declared extinct. The Administrative judges clarified that in public procurement procedures, candidates are not required to declare any convictions relating to offenses declared extinct, as per art. 80 paragraph 3 of Legislative Decree No. 50/201...
- 06/08/2019
According to the Italian Court of Cassation (judgement no. 16511, 19th June 2019), the “heterogeneous” transformation (pursuant to art. 2500-septies of the italian Civil Code) of a limited liability company into a co-ownership of a company (to which the patrimony has been transferred) does not preclude the declaration of bankruptcy of the company within one year of its cancellation...
GDPR: The Data Protection Authority supports small and medium enterprises
30/07/2019Starting from September a project dedicated to SMEs, professionals and advisors in the field of EU Privacy Regulation. The project, created with the aim of supporting small and medium-sized enterprises and professionals engaged in adapting to new regulatory requirements regarding the protection of personal data and the subjects operating in legal consultancy, provides a series of important init...
- 30/07/2019
Recently the United Sections of the Court of Cassation have pronounced, in relation to the issue of building concessions and public services. By Order of 8 July 2019, no. 18267, the United Chambers stated that: “With regard to the concession of construction and management of public works and the granting of public services, the jurisdiction of the ordinary judge, concerning indemnitie...