News
The administrative warning for the violation of agri-food regulations in the light of the D.L. 76/2020 converted.
- 22/09/2020
On 11 September 2020, the D.L. 76/2020 so-called "Simplifications" was converted, with amendments, into Law 120/2020.
In art. 43, paragraph 3, a series of provisions have been introduced that have profoundly innovated the discipline of the administrative warning for violations of agri-food regulations, provided for by art. 1, paragraph 3 of the D.L. 91/2014.
In particular, due to the new D.L. "Simplifications" converted, the application scope of the warning has also been extended to agricultural, food and feed businesses.
Furthermore, the applicability of the same is now also extended to products already placed on the market (last sentence, Article 1, paragraph 3 of Legislative Decree 91/2014).
The regulatory reference that limited the application of the warning to the verification "for the first time" of the existence of remediable violations was then repealed, with the effect of allowing, from now on, the application of the warning without limits, even for repeated violations.
The limitation that allowed the use of the warning only for offenses punishable with a monetary penalty has also disappeared. With the consequence that the violations which involve, in addition to the pecuniary sanction, other accessory administrative sanctions, are now subject to a warning, where the conditions indicated by the law are met.
Finally, the deadline for compliance was extended, starting from the notification of the warning. In fact, the initial 20 days have passed to a more elastic term "not exceeding ninety days".
NEWS
The Council of State reaffirms some principles in the field of public procurement
02/05/2024The Council of State, Section V, in its judgment of 12 February 2024, no. 1372, rendered on the subject of tender contracts, ruled that the instrument of "soccorso istruttorio" cannot be used to re...
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...