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.
THE 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.
Expected ever since the first unofficial draft was published by the Banking Regulation and Supervision Authority ( BRSA ), back in May 2008, the new Law on Financial Leasing, Factoring and Financing Companies numbered 6361 ( Law No. 6361 )
has entered into force as of 13 December 2012 with the exception of
certain provisions-, upon its publication on the Official Gazette
With the expansion of the online market, some doubts have arisen about the appropriateness of Italian regulations related to online conditions of sale, with particular reference to restrictive clauses.
The reform of the Italian labour market – known as Riforma Fornero from the name of the involved Ministry of Labour and Welfare – has been enacted as law no. 92 of June 28, 2012 (the “Law”) and is in force since July 18, 2012.
Recent case law
A leading low-cost airline has recently been sanctioned by labour inspectors from the local labour office Direzione provinciale del lavoro (DPL), which reportedly imposed an administrative fine for failure to pay social security contributions in Italy.