News
- 18/10/2021
The Court of Cassation with the decree n. 27894 on 13th Octobet, 2021, established that the members don’t take over the ownership of the company’s contentious claims only if the intention to renounce to them was manifested at the time of removal of the company from the register of companies. The waiver may also be expressed in tacit form, but in this case it is necessary that the abdicative...
- 11/10/2021
The Court of Cassation with the decree n. 21234 on 23th July, 2021, confirmed that the third party, to whom the controller entrusted the activity of data processing by indicating in writing the tasks and the methods of processing, shall be considered as the processor when it complies with the instructions given to him. Otherwise, when the person in charge manifests a concrete decisional and man...
Abuse of rights: constitutive elements
11/10/2021The Court of Cassation with the decree n. 26541 on 30th September, 2021, identified the elements that constitute the abuse of the right. In particular, the latter occurs when the person holding an individual right, which can be exercised by procedures not rigidly predetermined, exercises it, while formally respecting the legislation, by means which are liable to be censured because they are con...
- 04/10/2021
The Court of Cassation with the decree n. 25942 on September the 24th, 2021, confirmed that atypical mediation is not incompatible with the mediator’s right to receive the commission even from the party other than the one from which he received the assignment. As a rule, the business finder, carrying out his business in the exclusive interest of one of the parties, is entitled to the payment ...
- 04/10/2021
The Court of Cassation with the decree n. 25825 on 23th September, 2021, stated that the notification of the expropriation decree to the person other than the owner who carries out activities on the asset corresponding to the exercise of the right of property, determines the loss of the animus possidendi. In fact, the expropriation order is suitable for acquiring full ownership of the ...
- 27/09/2021
The Court of Cassation with the order n. 24904 of September 15th, 2021, established that, pursuant to art. 7.9 of the Integrated Water Service Charter and in consideration of the contractual obligations of honesty and good faith, the supplier’s obligation to notify abnormal consumption must be performed with forms that allow the customer to know the anomaly and to intervene promptly to resolv...
The responsibility of the hosting provider
27/09/2021The Court of Cassation with the order n. 25070 of September 16th, 2021, in according with the interpretation of art. 14 Dir. 2000/31/CE given by the Court of Justice, confirmed that the hosting provider is not subject to a general obligation to monitor the information he transmit and archived. However, the hosting provider will be liable if he knows about the wrongdoing, he has the opportunity ...
- 20/09/2021
The Court of Cassation with the order n. 24166 of September 8th, 2021, established that, pursuant to art. 1223 of the Italian Civil Code, the allocation and distribution of expenses must take place on the basis of the criterion of the function; therefore, the cost that arise from the subjective and personal enjoyment of the property must be divided in proportion to the utility that each individ...
- 20/09/2021
The Court of Cassation with the decision n. 24643 of September 13th, 2021, confirmed that non-pecuniary damage from stress or heartache deriving from a breach of contract also falls within the non-pecuniary damage. In particular, the Supreme Court recognized the compensation of moral damage to the account holder who had had to take psychotropic drugs and had spent sleepless nights due to the de...
- 13/09/2021
The Regional Administrative Court of Lazio, Sect. III, Rome, with the decisions n. 4531 and n. 4532 on September 2nd, 2021, ruled that the provisions of the Ministry of Education governing the obligation to hold the anti- Covid certification for school staff are legitimate dipending on the fact that the measure was introduced in order to limit the spread of the pandemic and to ensure the correc...
- 13/09/2021
The Court of Cassation with the decision n. 23881 on September 3rd, 2021, analysed the provisions of art. 2560 c. 2 of Italian Civil Code, which provides that, in the sale of commercial company, also the purchaser of the company is liable for the debts inherent in the operation of the transferred company and prior to the transfer, if they result from the mandatory accounting books. Specifically...
Contracts between professional and consumer and evaluation of the unfairness of the clauses
06/09/2021The Court of Cassation with the decision n. 23655 on August 31st, 2021, established that the provision by which the Italian Competition Authorityn (AGCM), in the exercise of its public protection powers, ascertained that some contractual clauses were affected by a lack of clarity and comprehensibility and were contrary to the principles of the Directive 93/13/EEC, as developed by the Court of J...