The Legal 500 > Cleary Gottlieb Steen & Hamilton LLP > Milan, ITALY

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.

- Villata, Degli Esposti, Perfetti e Associati
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.

- Villata, Degli Esposti, Perfetti e Associati

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.

- Villata, Degli Esposti, Perfetti e Associati

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:

- Villata, Degli Esposti, Perfetti e Associati

TIMESHARE AND TRUST

TIMESHARE AND TRUST

- Villata, Degli Esposti, Perfetti e Associati

“AGCOM” AND POSTAL SERVICES

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.

- Villata, Degli Esposti, Perfetti e Associati

FUNCTIONAL AND ACCOUNTING UNBUNDLING IN THE ELECTRICAL AND GAS 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).

- Villata, Degli Esposti, Perfetti e Associati

NEW SET OF INCENTIVES TO INVEST IN JOINT STOCK COMPANIES AND LIMITED LIABILITY COMPANIES IN ITALY

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.

- Italy Legal Focus - Studio Legale Bernascone &

ODOUR POLLUTION REGULATION

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.

- Villata, Degli Esposti, Perfetti e Associati

ITALIAN COMPETITION AUTHORITY TARGETS BIG PHARMA, TRIGGERS EXPANSION OF OFF-LABEL PRESCRIPTION

ITALIAN COMPETITION AUTHORITY TARGETS BIG PHARMA, TRIGGERS EXPANSION OF OFF-LABEL PRESCRIPTION

- Italy Legal Focus - Studio Legale Bernascone &

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