Studio Legale Pavan Website

Claim for compensation against a foreign airline. Jurisdiction belongs to the Italian judge.

The United Sections of the Supreme Court, with order no. 3561 of February 13, 2020, in the matter of a claim for compensation against a foreign airline have resolved the delicate question regarding on jurisdiction by stating that, there is that of the Italian judge when, a citizen of Italian nationality introduces a claim for compensation against a foreign airline, having to prevail the applica...

Unjustified dismissal: the forecast of alternativity between rehiring and compensation

The Supreme Court, Labor section, with order no. 5406 of February 27, 2020 established that in the context of the so-called mandatory protection against firing for just-cause or justified reason, according to the discipline of laws no. 604/1966 and n. 108/1990, the forecast of alternativity between rehiring and compensation for damage implies that the payment of the compensation allowance, if t...

Coronavirus and smartworking: the decree implementing the Decree Law no. 6/2020

The decree implementing the Decree Law February 6, 2020 no. 6, containing urgent measures on Coronavirus, published on the G.U. of February 23, 2020 no. 45, provided that companies can start the use of smartworking even if individual agreements with workers have not been signed. The exemption will allow many companies not to stand still during the period of containment and management of the epi...

On the distribution of the burden of proof on medical liability. The decision of the Supreme Court no. 5128 of February 26, 2020.

The Supreme Court, with decision no. 5128 of February 26, 2020 has returned to pronounce on the distribution of the burden of proof in the matter of medical liability, stating that, where a contractual liability of the health facility is deduced for the incorrect fulfillment of the health performance, the injured shall provide the proof of the contract and of the aggravation of the pathological...

The diligence of the construction manager must be assessed in practice. The order of the Supreme Court no. 3855 of February 17, 2020.

The Supreme Court with order no. 3855 of February 17, 2020 stated that in the matter of liability resulting from defects or non-conformities of the contracted work, the construction manager on behalf of the client, being called to carry out his activity in challenging situations which requires the use of specific technical skills, shall use his intellectual and operational resources to ensure, ...

Counterfeiting and usurpation of the trademark. The order of the Supreme Court, no. 2976 of February 7,2020.

The Supreme Court with order no. 2976 of February 7,2020 stated that the inclusion in a complex trademark of the only element, nominative or emblematic, which characterizes a previously registered simple trademark translates into counterfeiting, even if the new trademark is made up of other elements that differentiate it from the previous one. In this case, for the purpose of assessment of coun...

In the event of mutual defaults in contracts with reciprocal performances, the behaviour of both parties must be compared in order to establish responsibilities: Cassation, order no. 3273/2020

The Cassation, with order no. 3273 of 11 February 2020, established that ‘in contracts with reciprocal performances, in the event of a complaint of mutual defaults, it is necessary to compare the behaviour of both parties in order to establish which of them, with reference to their respective interests and the objective entity of the defaults, made itself responsible for the most signific...

Except for a zero profit, it is not possible to determine a threshold below which the offer should certainly be considered anomalous: Tar Lazio, section II bis, judgment of 28 January 2020, no. 1187

The Regional Administrative Court of Lazio recently stated in relation to a tender for the award of a public contract for the handling and installation of ICT equipment, in the context of which the procedure for verifying the adequacy of the offer of the first classified was activated in graders. The TAR established that ‘except in the case of a zero profit, it is not possible to determin...

If the hereditary assets are held both abroad and in Italy, the jurisdiction is of the Italian judge. The ruling of the Join Sections of the Supreme Court no. 1605 of January 24, 2020.

The Joint Sections of the Supreme Court, with writ no. 1605 of 24 January 2020, established that, with reference to the action of hereditary petition pertaining to a significant patrimony hereditary, if the assets are held both in Italy and in other States, and the interests of numerous holders, both Italian and foreign citizens, are involved, jurisdiction lies with the Italian judge on the bas...

Riders are employer-organized freelance workers. The recent decision of the Supreme Court, no. 1663 of January 24, 2020.

The Supreme Court, with decision no. 1663 of January 24,2020, confirmed the ruling of the Turin Court of Appeal in which it considered the so-called Foodora riders as “employer-organized freelance" workers, pursuant to art. 2, Legislative Decree 81/2015. The Supreme Court has also been called to express itself on the nature of the so-called employer-organized work and on this issue, it has di...

The ECJ rules on the exclusion of a candidate if the offer of a subcontractor reveals a reason for exclusion: decision of 30.1.2020 (C-395-2018)

The ECJ ruled that ‘Article 57(4)(a) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC does not preclude national legislation under which the contracting authority has the option, or even the obligation, to exclude the economic operator who submitted the tender from participation in the contra...

The ECJ on the protection of the interests of the creditors of the company being divided and the possibility of bringing an actio pauliana: judgement of 30 January 2020 (C-394/2018)

The ECJ ruled that ‘Article 12 of Sixth Council Directive 82/891/EEC of 17 December 1982 […] must be interpreted as not precluding the creditors of the company being divided whose credit interests antedate that division, who did not take advantage of the creditor protection tools provided for in the national legislation implementing that article, from bringing an actio pauliana after t...