News
Where a debt collection agency charges a consumer extra costs, Directive 2008/48 applies
19/12/2016Directive 2008/48, on credit agreements for consumers, does not apply, as per article 2, paragraph 2, letter j), to credit agreements which relate to the deferred payment, free of charge, of an existing debt. In case C-127/15, the European Court of Justice was asked to establish whether a credit rescheduling agreement between a consumer and a debt collection agency, acting on behalf of ...
- 19/12/2016
With note of 13th December 2016, the Constitutional Court has announced that, on 11th January 2017, it will examine the admissibility of three referendum, regarding the (total or partial) abrogation of provisions on unfair dismissals and on casual jobs, and also of article 29, paragraph 2, of Decree-Law 10th September 2003, no. 276. Such provision applies to private procurements of work...
The trial judge decides on the oppressive nature of a mixed “claims made” clause
12/12/2016A “claims made” clause, included in civil liability insurance policies, provides that a coverage applies only if the damaging event is notified to the insurance company over the policy period. Therefore, for the purposes of getting a redress, what really matters is the moment in which the event is notified and not the moment in which the event has happened. In the commerci...
- 12/12/2016
In-house providing refers to the situation in which a public authority, instead of calling for a competition, executes itself (that is, in-house) a service, by assigning it to a determined company. Article 5 of the new Italian Public Procurement Code (Decreto Legislativo no. 50 of 18th April 2016) regulates such a situation. The said article provides for the exclusion of the obligation...
A seller may be liable where the first-home tax break is not granted
05/12/2016The Italian legislation provides for tax breaks (as regards VAT, registration fee, mortgage tax and cadastral tax) in case of purchase of properties, classified in the cadastre into categories different from A/1, A/8 and A/9 categories, having first-home characteristics (note II-bis of article 1, D.P.R. no. 131, 26th April 1986). First-home tax breaks may be lost for lack of one of the ...
Sharing economy under the scrutiny of the European Court of Justice
05/12/2016Enterprises whose business is based on the sharing economy model do not offer their own goods and services, but simply manage a web platform and its own community, in which goods and services are offered by people belonging to such a community. These enterprises, on the one hand, increase business opportunities and create new job positions; on the other hand, are not covered by any le...
New legislation and simplifications on administrative authorizations for building interventions
28/11/2016As regards building interventions, the D.P.R. no. 380/2001 provides for five administrative authorisation procedures, depending on the typology of intervention to be done. On 24th November 2016, the Council of Ministers, implementing a delegation for the reorganization of the public administration as per article 5 of Act 7th August 2015, no. 124, has approved a Decreto Legislativo whose...
An intermediary may be held liable for defects of the good sold
28/11/2016The Directive no. 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees, aims at harmonizing national laws as regards the regulation of the commercial guarantee, which makes a seller liable for defects existing at the moment of the delivery of goods and showing within two years. Article 1 of the Directive defines as vendor any natural or legal person who,...
- 21/11/2016
Article 67 of the Italian Insolvency Act provides that, if bankruptcy occurs, any detrimental act, such as payments and guarantees, made by the debtor in the last period before bankruptcy (six months or one year, depending on the act at issue), may be set aside in the interest of the creditors. The first paragraph of the aforementioned article lays down a presumption of awareness of th...
- 21/11/2016
The Directive 2006/123/EC on the free provision of services in the internal market ensures the freedom of establishment of services providers and the freedom of services provision in Member States. This Directive, transposed by Italy with the Decreto Legislativo no. 59 of 26th March 2010, provides for cases in which, for reasons of general interest and in accordance with the criteria o...
- 14/11/2016
The social security contributions payment certificate (DURC) proves that an economic operator has fulfilled its obligations towards INPS, INAIL and Cassa Edile. Article 80 of Decreto Legislativo no. 50/2016 provides that, in order to take part in a public procurement procedure, an enterprise needs a positive and valid DURC. If such a certification were negative on the deadline ...
A procurer who does not appoint a director of works is liable for damages
14/11/2016A director of works is an individual or a business responsible for planning and supervising the execution of works on behalf of the procurer. The appointment of a director is compulsory also for small works, involving interventions on metal structures or use of reinforced concrete (Act no. 1086 of 5th November 1971). Therefore, the director of works is jointly liable with the contractor...