Studio Legale Pavan Website

Applicability of new provisions on prescriptive periods

The Italian Supreme Court, with ruling no. 27015 of 14th September 2022, has stated the if a new provision extends a prescriptive period, such provision applies if that period has started (and not run out yet), but it does not apply if that period has already run out. Instead, if a new provision shortens the prescriprive period, that provision does not apply, according to article 11 of ...

The absence of supplementary exams in epidemiological situations is unreasonable

The TAR Lazio, with ruling no. 11680 of 8th September 2022, has dealt with a case in which some candidates could not attend a public exam due to the pandemic. The TAR has upheld the candidates’ appeal and stated that, if the impediment is objective and due to a health emergency, the absence of supplementary exams constitutes an unreasonable failure of the lex specialis.  ...

If a represented person denies the existence of the power of representation, the third party has to prove its existence

The Italian Supreme Court, with Ruling no. 26871 of 13th September 2022, has stated that it is up to the third contracting party to prove the existence and the limits of the power of representation if the falsely represented person denies to have issued any power of representation....

The certificate of equivalence is required for taking part in a public procedure

The T.A.R. of Sicily, with Ruling no. 2563 of 13th September 2022, has established that the economic operator who wants to attach the qualification achieved abroad, has to obtain the certificate of equivalence with the Italian qualification within the deadline to submit the application for the public procedure....

The data controller who does not respond to an access request has to be fined

The Italian Data Protection Authority, with order-injunction no. 236 of 16th June 2022, has fined a data controller who had not replied to a request of access to personal data which was made according to the EU Regulation no. 679/2016. The Authority did not accept the justification given by the data controller who had affirmed that the access request seemed to have been made pursuant to law no....

Entry into force of the so-called Balance Decree

On 13th August 2022 it has entered into force the legislative decree no. 105/2022, transposing EU Directive no. 2019/1158 and fostering a balance between work and family life. The most relevant provisions are: the compulsory parental leave of 10 working days for fathers who will get 100% of their wages; the extraordinary leave for workers who assist disabled family members; the possibil...

The report of ANAC for the amendment of art. 80, par. 5, of the Procurement Code

With report no. 3 of 27th July 2022, the Italian Anticorruption Authority has requested an amendment of article 80, paragraph 5, of the Public Procurement Code (legislative decree no. 50/2016), with regard to the requirements for the exclusion from the procedure of the economic operator which has committed serious professional violations....

The competition law has entered into force

At the end of August 2022, the competition law (law no. 118/2022, published in the Official Gazette on 12th August 2022), concerning markets and competition matters, has entered into force. The most important provisions are related to the strengthening of enquiry and supervision powers of the Antitrust Authority, the extension of public concessions until 31st December 2023 and the impro...

Requirements for the annotation of data according to art. 213, paragraph 10, legislative decree no. 50/2016

The TAR Lazio, with Ruling no. 9451 of 11.7.2022, has defined the requirements in order for the Anticorruption Authority (ANAC) to record data and information concerning public procedures, according to article 213, paragraph 10, of legislative decree no. 50/2016. In particular, the TAR has stated that ANAC has to justify the usefulness of the annotation, which requires a conduct contrar...

If the rent is not one third lower than the fair price, the creditor has to respect the lease contract

The Italian Supreme Court, with Ruling no. 23508 of 27.7.2022, has stated that the assignee of a foreclosed property has to comply with the lease contract, if it was signed before the registration of the foreclosure, unless he proves that the rent is one third lower than the fair price or compared to previous lease contracts....

The clause providing that a damaged vehicle be repaired in approved body shops is not vexatious

The Italian Supreme Court, with Ruling no. 23415 of 27.7.2022, has stated that the clause of an insurance contract which, with the benefit of a lower premium, provides that a damaged vehicle be repaired in approved body shops is not vexatious. According to the Supreme Court, such clause does not determine an exclusion of liability on behalf of the insurance company, but only a delimitat...

Disputes concerning patrimonial issues on concessions are subject to the Ordinary Judge’s jurisdiction

With Opinion no. 419 of 27.7.2022, the "Consiglio di Giustizia Amministrativa per la Regione siciliana", with reference to a dispute on the non-payment of the fees of a concession, has stated that patrimonial issues, even if related to concessions, are subject to the jurisdiction of the Ordinary Judge, according to article 133, paragraph 1, lett. b), of the Administrative Procedural Code....