Firm Profile > Studio Legale Villata, Degli Esposti e Associati > Milan, Italy

Studio Legale Villata, Degli Esposti e Associati > The Legal 500 Rankings

Studio Legale Villata, Degli Esposti e Associati > Firm Profile

The firm: Now a leading firm in administrative law, with offices in Milan, Rome and Bologna, Studio Vilde was established in 1999, a merger of the studios of Avv Prof Riccardo Villata and Avv Andreina Degli Esposti. The firm’s practice covers a variety of areas – from infrastructure and oil and gas projects to public utilities and environmental law – while its extensive judicial and extra judicial experience has enabled it to become a key consultancy structure.

The Italian legal system is seeing the administrative and civil law sectors become increasingly interlinked, an aspect that Studio Vilde embraces also, working with large multinational companies on matters involving corporate and financial law. The firm thrives within the constantly evolving legal environment due to its ability to adapt and the fact that it is always up to date with the latest changes. Added to this, on account of its dynamic structure – with its various offices – the firm is always able to respond promptly to all its clients’ needs.

Areas of practice: The firm’s practice covers all areas of public law. It specialises predominantly in:

Litigation: the firm’s main practice area is litigation. Its partners regularly represent clients before the administrative courts and the firm has extensive experience in procedures before the Italian Court of Audit. This excellent litigation practice has allowed the firm to strengthen its expertise in non-contentious matters across all areas of public law.

Environment: the firm boasts an unrivalled combination of comprehensive and experienced practice in both the remediation and waste sectors, along with an exceptional legal service in criminal law, litigations (before administrative or civil courts) and the structuring of complex transactions.

Energy: the firm primarily assists the principal Italian companies in the energy sector on the following matters: exploration, production, storage and distribution of natural gas; power generation (including renewable sources, cogeneration and waste-to-energy) and distribution; and the storage and distribution of oil.

Oil and gas: the firm assists major companies operating in the Italian oil and gas sectors in (i) the regulation process under Italian authorities; (ii) the acquisition of concessions and administrative permits; and (iii) litigation.

Waste: the firm advises the principal companies in the waste market.

Privatisation: the firm has developed widespread expertise in both privatisations and financial transactions with public bodies, as well as in highly specialised sectors, such as the gaming industry.

Public utilities: the firm’s partners are widely recognised as the leading Italian experts in public utilities. The firm provides clients with (i) influential opinions and advice; (ii) litigation expertise; and (iii) assistance with the structuring, documentation and completion of complex transactions.

Infrastructure: the firm represents clients in tender procedures or in the implementation of public contracts.

Malls and stores: within this sector, the firm’s practice has extensively covered litigations and transactions with local public bodies (municipalities and regional governments).

Studio Legale Villata, Degli Esposti e Associati > Firm Profile

The firm: Now a leading firm in administrative law, with offices in Milan, Rome and Bologna, Studio Vilde was established in 1999, a merger of the studios of Avv Prof Riccardo Villata and Avv Andreina Degli Esposti. The firm’s practice covers a variety of areas – from infrastructure and oil and gas projects to public utilities and environmental law – while its extensive judicial and extra judicial experience has enabled it to become a key consultancy structure.

The Italian legal system is seeing the administrative and civil law sectors become increasingly interlinked, an aspect that Studio Vilde embraces also, working with large multinational companies on matters involving corporate and financial law. The firm thrives within the constantly evolving legal environment due to its ability to adapt and the fact that it is always up to date with the latest changes. Added to this, on account of its dynamic structure – with its various offices – the firm is always able to respond promptly to all its clients’ needs.

Areas of practice: The firm’s practice covers all areas of public law. It specialises predominantly in:

Litigation: the firm’s main practice area is litigation. Its partners regularly represent clients before the administrative courts and the firm has extensive experience in procedures before the Italian Court of Audit. This excellent litigation practice has allowed the firm to strengthen its expertise in non-contentious matters across all areas of public law.

Environment: the firm boasts an unrivalled combination of comprehensive and experienced practice in both the remediation and waste sectors, along with an exceptional legal service in criminal law, litigations (before administrative or civil courts) and the structuring of complex transactions.

Energy: the firm primarily assists the principal Italian companies in the energy sector on the following matters: exploration, production, storage and distribution of natural gas; power generation (including renewable sources, cogeneration and waste-to-energy) and distribution; and the storage and distribution of oil.

Oil and gas: the firm assists major companies operating in the Italian oil and gas sectors in (i) the regulation process under Italian authorities; (ii) the acquisition of concessions and administrative permits; and (iii) litigation.

Waste: the firm advises the principal companies in the waste market.

Privatisation: the firm has developed widespread expertise in both privatisations and financial transactions with public bodies, as well as in highly specialised sectors, such as the gaming industry.

Public utilities: the firm’s partners are widely recognised as the leading Italian experts in public utilities. The firm provides clients with (i) influential opinions and advice; (ii) litigation expertise; and (iii) assistance with the structuring, documentation and completion of complex transactions.

Infrastructure: the firm represents clients in tender procedures or in the implementation of public contracts.

Malls and stores: within this sector, the firm’s practice has extensively covered litigations and transactions with local public bodies (municipalities and regional governments).

Interviews

Press Releases

Forthcoming Article By Riccardo Villata In “rivista Di Diritto Processuale Amministrativo”

The article is a further contribution to an ongoing debate on jurisdiction in which Riccardo Villata provides, amongst other interpretations, an insight into the constitutional system resulting from Articles 103 and 113 of the Italian Constitution.

Forthcoming Article By Professor Villata

Studio Legale Villata, Degli Esposti e Associati is pleased to announce the forthcoming publication of Professor Villata’s latest article.

The work, In tema di questioni di giurisdizione (alla luce di un recente Momorandum), explores questions of jurisdiction following the recent Memorandum from the heads of the three jurisdictions (ordinary, administrative and accounting) addressed to the President of the Italian Republic.

Andreina Degli Esposti’s Contribution To The Volume “the Energy Regulation And Markets Review”

ANDREINA DEGLI ESPOSTI’S CONTRIBUTION TO THE NEWLY RELEASED SIXTH EDITION OF THE VOLUME “THE ENERGY REGULATION AND MARKETS REVIEW”

Forthcoming Volume On The Reform Of The Public Procurement Code Coordinated By Professor Villata

Studio Legale Villata, Degli Esposti e Associati is pleased to announce the forthcoming publication of a volume on the reform of the Italian Public Procurement Code. A number of experts in Administrative and Public Law will contribute to the work, which is coordinated by Professor Villata.

Professor Villata’s Forthcoming Article On The Jurisdiction Of Administrative Courts

Studio Legale Villata, Degli Esposti e Associati is pleased to announce the imminent publication of Professor Villata’s latest article, which explores the extent of, and the limits to, the jurisdiction of Italian Administrative Tribunals.

Legal Developments

Italian “single Environmental Authorisation”

European and Italian rules on Fluorinated gases

1. Overview 

In pursuit of the environmental aims set by Kyoto Protocol (COP3, 1997), the European Union has taken several measures in order to reduce gas emissions causing the global greenhouse effect. Among these gases, the most important are Carbon Dioxide (CO2), Methane (CH4), Nitrous Oxide (N2O) and the Fluorinated gases (“F-gases”), which are Hydrofluorocarbons (HFCs), Perfluorocarbons (PFCs), Sulfur Hexafluoride (SF6) and Nitrogen Trifluoride (NF3).

With respect to “F-gases”, the European Union firstly enacted Regulation No. 842/2006, which was implemented by Italy through Presidential Decree n. 43 of 2012 (in relation to general rules) and Legislative Decree n. 26 of 2013 (in relation to sanctions). Afterwards, the EU enacted Regulation No. 517/2014, which abrogates the Regulation introduced in 2006 - in effect since January 1st 2015. Recently, Italy implemented the European act through Presidential Decree n. 146 of 2018. 

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”.

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.

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. 

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.

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. 

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.

The Amendments Of The Decennial Posthumous Insurance In The New Code Of Public Contracts

The Article n. 103 of the new Code of Public Contracts - Legislative Decree n. 50/2016, most recently amended by the Legislative Decree n. 56/2017 - provides assurances for the execution of the public contract - the so called final assurance -, issued by the contractor. In particular, paragraph 8 regulates the decennial posthumous insurance, also provided by the Art. 1669 of the Italian Civil Code.

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.

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. 

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.

After stating the public service nature of the distribution activity, Article 14 of the aforementioned Decree regulates the procedure for awarding it through mandatory public tenders launched by Local Entities. Within a gas distribution market qualified as a natural monopoly, the choice for tender procedures is directed at ensuring competition between different companies (in order to earn benefits in terms of efficiency, quality of the service and more reasonable prices for the end-consumers).

New Rules on Public Procurement: A Stronger Stance for “Greener” Public Contracts

With Legislative Decree No. 50/2016 (the so-called “Public Procurement Code”, hereinafter “PPC” or “the Code”) Italy implemented the EU Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, concerning, respectively: (i) the award of concession contracts; (ii) public procurement; and (iii) procurement by entities operating in the water, energy, transport and postal services sectors. The PPC, by repealing the 2006 Code on public procurement (Legislative Decree No. 163/2006), reorganised the pre-existing Italian legislation on public contracts relating to public works, services and supplies.

The Madia Act On Public Companies: An Overview

It is estimated that there are about 8,000 companies in Italy whose capital is owned by public administrations (State, Regions, Provinces, Municipalities, etc.…).

Ultimately, the need for spending review has led the Italian Government to intervene (again) in this sector of the Public Administration, by issuing Legislative Decree No. 175/2016 (“the Decree”), which follows other reforms promoted by Minister Marianna Madia pursuant to Law No. 124/2015.

The Decree aims at regulating the participation of public administrations in the share capital of companies, in order to rationalize the number of public companies and make sure that they are duly managed.

EUROPEAN RULES ON DATA PROTECTION IMPACT ASSESSMENT (“DPIA”)

1. Overview In the context of the protection of natural persons with regards to the processing of personal data, Article 25 of Regulation EU/2016/679 (General Data Protection Regulation or “GDPR”) sets up the Data Protection Impact Assessment (“DPIA”) in pursuit of GDPR’s aims through a risk-based approach.

The end of waste after Sblocca cantieri e Salva imprese Decrees

By implementing the European legislation, Legislative Decree 152/2006 (so-called‘Environment Code’) enabled the Italian law to take a firm step towards a circular economy model, alsoregulating – through Article 184ter -the theme of end of waste.

CGUE C-395/18: on the automatic exclusion of the subcontractor without the requirements

With the sentence dated the 30th of January 2020, the European Court of Justice was called to comment on the provision of the Public Contracts Code which contains the automatic exclusion of the competitor for the tender, which indicated a subcontractor then found to be without the requirements.