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One of the issues that Studio Legale Villata, Degli Esposti, Perfetti e Associati has been dealing with recently is the involvement of the regulatory authority AGCOM (Italian Communications Authority) in the postal sector.
I. The Resolution of the Authority for Electricity and Gas (hereinafter just the "Authority"), January 18, 2007, no. 11/07 (hereinafter "TIU") has brought about the introduction of new administrative and accounting separation obligations (also known as unbundling ) for companies operating in the electricity and gas markets. This measure, which is made to meet the provisions of functional and accounting unbundling contained in previous resolutions of the Authority, is part of a regulatory system made up of both national and EU legal sources (among which the following are of particular importance; i) Law 14 November 1995, no. 481; ii) Resolutions Authority no. 310/2001 and no. 311/2001; iii) the EU Directives 2003/54/EC and 2003/55/EC).
Law Decree No. 91 of 24 June 2014, as converted into Law no. 116 of 11 August 2014 introduced a set of measures with a view to favoring investments in the form of either incorporation of Joint Stock Companies ( Società per Azioni , " S.p.A." ) and Limited Liability Companies ( Società a Responsabilità Limitata , " S.r.l." ) or acquisition of stakes in such entities. This alert briefly summarizes the content of the provisions recently introduced.
I. Odour pollution is a significant environmental issue that, if overlooked, can affect public amenity and the quality of life. Indeed, noxious (and even toxic) environmental odours may cause related health problems, triggering symptoms by a variety of physiological mechanisms, including exacerbation of underlying medical conditions, innate odour aversions, aversive conditioning phenomena and stress-induced illnesses.
ITALIAN COMPETITION AUTHORITY TARGETS BIG PHARMA, TRIGGERS EXPANSION OF OFF-LABEL PRESCRIPTION
I. MEDICAL APPS: THEY ARE HERE TO STAY, AND GROW.
I. Our firm, Studio Legale Villata, Degli Esposti, Perfetti and Associates, carries out a large part of its work in the field of Environmental law. The establishment of Law NO. 97/2013 on 6th August 2013 heavily influenced the regulation of compensation for environmental damages, as it follows in the footsteps of European Union Directives by introducing the concept of " strict liability ". This infers a type of liability which is independent from the wilful misconduct or gross negligence of an operator and allows for convictions based upon the damages themselves rather than the deeds or intentions of whoever may have caused them.
WHICH ORGANIZATIONAL MODEL WILL SHIELD AN ENTITY FROM CORPORATE CRIMINAL LIABILITY UNDER ITALIAN LAWTHE ENACTMENT OF LEGISLATIVE DECREE 231. At the time of its enactment in 2001, Legislative Decree no. 231 had a revolutionary impact on the Italian legal system as it subverted a basic tenet of Italian criminal law according to which corporations bore no criminal liability. The assumption that only individuals could be directly subject to criminal sanctions was erased and a system aimed at punishing corporations for crimes committed by individuals to their advantage or in their interest was created . A specific set of sanctions able to punish the corporation and its shareholders was devised: monetary sanctions and blacklisting sanctions (inclusive of the prohibition to carry on the business activity and the appointment of receivers), which may also be ordered on an interim basis, apply instead of arrest and imprisonment of individuals.
The " Decreto del Fare " ("Decree of Doing" - Law Decree 21 st June 2013, n. 69, turned into Law 9 th August 2013, n. 98) contains regulations designed to simplify legal matters related to the construction industry with the purpose of helping its workers and to kick start a sector deeply affected by the economic crisis.
In 2009, Italian Law introduced a new legal instrument, Business Network Contracts (‘BNC’), which allow aggregations of commercial entities to work together in an organised and durable manner (without having to establish a new company or a consortium) whilst retaining their own independence and individuality, as well as benefitting from various incentives and tax benefits.