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Legal Developments in Italy

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to

European and Italian rules on Fluorinated gases

1. Overview

- Villata, Degli Esposti e Associati
CONFISCATION UNDER ART. 44 OF THE ITALIAN CONSTRUCTION CODE AND PROTECTION OF THIRD PARTIES

The confiscation measure examined in this essay is provided for in Article 44 § 2 of Presidential Decree no. 380/2001 (hereinafter, “Construction Code ”), under the heading “Criminal sanctions”. Article 44 § 2 states: “In a final judgement establishing that there has been unlawful site development, the criminal court shall order the confiscation of the unlawfully developed land and the illegally erected buildings. Following the confiscation, the land shall pass into the estate of the municipality on whose territory the site development has been carried out. The final judgement shall constitute a document of title for immediate entry in the land register ”.

- Villata, Degli Esposti e Associati

PUBLIC PROCUREMENT IN ITALY: NEW RULES IN RESPECT OF GRAVE PROFESSIONAL MISCONDUCT

In Italy, the “Public Contracts Code” (Legislative Decree No. 50/2016) pays particular attention to the integrity and reliability of the potential public tender contractor. The Code specifies a series of cases in which an economic operator must be excluded from the participation of a call for tender as it has been found guilty of grave professional misconduct in its execution of previous public contracts.

- Villata, Degli Esposti e Associati

ENVIRONMENTAL LIABILITY: DOES LAND OWNERSHIP IMPLY AN OBLIGATION TO RESTORE A CONTAMINATED AREA?

A recent judgement delivered by the Administrative Court of Brescia (No. 964/2018) clarified uncertainty on the responsibility of decontaminating a polluted area, specifically enquiring the relationship between ownership and decontamination.

- Villata, Degli Esposti e Associati

TEMPORARY ASSOCIATION OF COMPANIES AND THE COMPETITIVE MARKET

The Italian legal system, being in line with European law, provides for the institution of an RTI – a temporary association of companies (raggruppamento temporaneo di imprese) - (hereinafter, “RTI”). Under this institution, a company that lacks the necessary economic and/or technical requisites called for by the commissioning body in a specific public procurement procedure joins with another company in order to broaden its requisite qualifications laid down by the tender.

- Villata, Degli Esposti e Associati

Evolution of the IPPC release on the basis of BAT conclusions

The IPPC (Integrated Pollution Prevention and Control) is an administrative act which is required by State authorities to allow an emission plant to operate. Initially conceived by the European Union (Directive 96/61/CE), every Member State later implemented national environmental legislation with the aim of reducing their emissions in compliance with EU legal parameters.

- Villata, Degli Esposti e Associati

The Public Administration Electronic Market: the future of public procurement

The Public Administration Electronic Market is a digital marketplace, created in 2002 and managed by Consip S.p.A., the Italian central purchasing body, on behalf of the Ministry of the Economy and Finance. Through the Ministry, registered authorities can purchase goods and services offered by suppliers that have been vetted and authorised to post their catalogues on the system for values below the European threshold.

- Villata, Degli Esposti e Associati

Golden powers: a new set of special powers for the Italian Government

The Law Decree No. 21 of 15 March 2012, converted by Law No. 56 of 11 May 2012, introduced a new set of special powers for the Italian Government in relation to strategic sectors such as defence and national security, energy, transport and communications.

- Villata, Degli Esposti e Associati

Renewable Energy and Conservation - Overview

The article concerns the regulation of the Renewable Energy Market in Italy, providing a brief overview on the matter at hand.

- Villata, Degli Esposti e Associati

LIBERALISATION OF THE GAS DISTRIBUTION SERVICE: AN UPHILL STRUGGLE?

The Legislative Decree No. 164/2000 (also known as “Letta Decree ”) qualifies the natural-gas distribution activity as a public service. This qualification derives from the aim of natural-gas distribution to meet the needs of the community, by ensuring the equal access to the gas grid (so-called “third party access ”), the continuity and the quality of the service.

- Villata, Degli Esposti e Associati

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