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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

The EU and Italian Concessions for the Exploitation of Publicly Owned Maritime Assets

In Italy, the economic interests related to the commercial exploitation of publicly owned maritime (and lakeside) assets are considerable. The Italian coastline is, in fact, longer than 7,000 km and there are more than 30,000 bathing businesses. The majority are family-run businesses and employ over 100,000 people.

These assets fall under the rules laid out by the Legislative Decree No. 327/1942 (the so-called Shipping Code). In particular, Article 36 provides that their commercial exploitation may be subject to a concession. It also establishes that, in case of various requests over the same maritime asset, the Administration will choose the applicant who guarantees the best utilisation of the property in accordance with the public interest and intends to set up removable equipment.  However, in practice, the existing concessions are generally automatically renewed upon expiry without carrying out any transparent and impartial procedure for selecting candidates.

PUBLIC ADMINISTRATION – A REFORM

Laws reforming the Italian Public Administration have been approved concerning so-called “silenzio assenso” and time limits on non-judicial executive action. There are moves for tighter controls on leadership, to improve quality in the public sectors, to streamline all services and to make them more economical.

In-House Providing

“In-house providing” is the result of the dispensation of public tender procedures for public administrations, and allows the administrations themselves to provide goods, services and works internally, rather than acquiring them from the market. This model was created under EU case-law, specifically with the Teckal Judgement dated 18 November 1999, Case C-107/1998 between Teckal S.r.l and the Municipality of Viano, which defined two necessary parameters for in-house contract award procedures.

Procurement System within the framework of MePA

In compliance with the provisions of art. 328, cl. 4, d.P.R. 207/2010, the Contracting Authority can purchase goods and services below the value of European Union thresholds by taking advantage of the public administration electronic market. To do so, they must follow one of the following procedures:

ECJ rules on Italy’s gaming regulations

On February 16 2012 the Court of Justice of the European Union (ECJ) issued its latest preliminary ruling on the compatibility of Italy’s legal framework for gaming with the right of establishment and the freedom to provide services.

Arrivederci Euro? The potential impact of Italy’s exit from the Euro on Italian contracts

by Vittorio Tommasone

It would appear that some of the EU Member States are still evaluating the opportunity of exiting the Euro, notwithstanding the most recent measures adopted by the Eurogroup and Ecofin aimed at preserving the Euro Area.

Treatment of mergers under the revised Italian Civil Code (Article 2504-bis)

With Judgement n. 19509 dated 14 September 2010, the Italian Supreme Court handed down its decision on the long-debated issue of how to treat mergers completed prior to the 2003 revision of the Italian Civil Code.

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