Studio Legale Pavan Website

The collective proceedings of the Italian Bankruptcy Law may be applied to in-house companies

According to Legislative Decree no. 175 of 19th August 2016 on government-owned corporations, in-house companies are those over which a public entity exercises a control similar to that which it exercises over its own departments, and so decisively influences both their strategic objectives and their significant decisions. With Judgment no. 3196 of last 7th February, the Supreme Court o...

No “right to be forgotten” as regards personal data appearing in the companies register

Art. 14 of Directive no. 46 of 1995, on processing of personal data, grants a data subject the right to object and recognizes the so-called “right to be forgotten”. Indeed, such article provides that a data subject may at any time object, on compelling legitimate grounds, to the processing of ones’ data. With regard to this, the Supreme Court of Cassation asked the European Court ...

Approval of the Law on liability of healthcare professionals and introduction of the so-called double track

After only 5 years since the entry into force of Law no. 189 of 2012 (so-called “Legge Balduzzi”), the Parliament has newly amended the legislation on liability of healthcare professionals, both in the civil law and in the criminal law area, with the definitive approval by the Chamber of Deputies, on 28th February, of Bill no. 259. As to civil liability, the new Law introduces the s...

Self-Employed Workers’ Statute: new provisions for participation to public procurement procedures

On 6th March, the Chamber of Deputies will vote on the Bill on self-employment, so-called “Statuto dei lavoratori autonomi” (Self-Employed Workers’ Statute), following the amendments made by the Employment Committee on 28th February. Notably, article 11 of the Statute provides that public bodies, operating as contracting authorities, promote the participation of self-employed work...

Rent to buy may be used also for selling businesses

A rent to buy contract allows the renter to make immediate use of a good, even if the transfer of property of that good is postponed. This scheme is widely used for the purchase of a first house, as provided for by article 23 of Decree Law no. 133 of 12th September 2014. Nonetheless, in an important research published on 23rd February, the Italian Notarial Foundation has highlighted tha...

Trust assets may be seized if the legal transaction is simulated

A trust is an legal arrangement under which a settlor transfers one or more of their own assets, to a third party (trustee), who manages them on behalf of a beneficiary chosen by the settlor. Those assets are owned by the trustee but, being administered for the beneficiary, are separated from the personal or corporate assets of the trustee. As recently explained by the Court of Cassatio...

Italy to transpose the Directive on copyrights: stronger competition between collective organizations is upcoming

Directive 2014/26/EU aims at harmonizing the management of copyrights, so as to guarantee more efficiency and transparency by collective management organizations towards their members, also by introducing a higher liberalization. Article 5 of the Directive provides that a right-holder may authorize a collective management organization of their choice to manage their own rights, irrespe...

A Corrective Decree to the new Public Procurement Code to be approved: amendments to subcontracting

After almost a year since the entry into force of Legislative Decree no. 50/2016, so-called new Public Procurement Code, the Italian Government has decided to adopt some corrective and supplementary provisions, in accordance with article 1, paragraph 8, of Law 28th January 2016, no. 11. On 9th February, the Council of Ministers has examined the first draft of a Corrective Decree to th...

Comparative advertising is not permitted if it is not specified that comparison is between shops having different sizes

According to Article 4 of Directive 2006/114, comparative advertising is permitted when some specific conditions are met. Such advertising cannot be misleading and it must objectively compare one or more material features of the goods at issue, which may include price. The European Court of Justice was asked whether it was permitted or not a comparative advertising made by a retail chai...

The seizure of the equivalent value on goods of the legal representative is unlawful, failing a prior summary evaluation of the assets of the legal person

As to tax crimes, the jurisprudence is of the opinion that the seizure of the equivalent value of the goods which constitute the proceeds of a crime, may be ordered even if the impossibility of finding those goods is temporary, their prior thorough search not being necessary. The Court of Cassation, with Judgment no. 6053 of 9th February 2017, has explained that the seizure of the equiv...

Exclusive jurisdiction of the administrative judge on compensation for unlawful sports penalties

As regards sports law, article 2, paragraph 2, of Law no. 280/2003, provides that sports clubs and their members are obliged to turn to sports judicial authorities for: (i) compliance with and implementation of organizational and statutory regulations of the national sports system; (ii) any conduct likely to be subject to a disciplinary penalty, as well as imposition and application of such pen...

The Italian Chamber of Deputies has approved a bill on delegation for the reform of insolvency law

On 1st February, after the positive examination by the Tenth Permanent Commission, the Chamber of Deputies has approved a bill on “Delegation to the government for the reform of insolvency law”. This bill sets the general principles for the organic reform of insolvency proceedings and over-indebtedness settlement procedures, now regulated by Royal Decree of 16th March 1942, no. 267 ...