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  • Article

    Creditor's Clawback Action Against The Family Trust. Is The Family Trust Slowly Fading?

    With the final judgement no. 3641/2018 the Italian Supreme Court has ruled on the creditor's right to undertake the clawback action against a family trust
    ItalyFamily and Matrimonial
    ADVANT Nctm
    ADVANT Nctm
  • Article

    Drafting Techniques: From Recent Case-Law Contributions On Risk Of Inadmissibility Of Deeds With The Supreme Court To The Incentives Under Ministerial Decree 37/2018

    The recent reforms addressing proceedings before the Supreme Court devote a great deal of attention to drafting techniques, since the strengthening of procedural filters, in accordance
    ItalyLitigation, Mediation & Arbitration
    ADVANT Nctm
    ADVANT Nctm
  • Article

    Contracts Remain In Force In Amministrazione Straordinaria Even After They Are Expired?

    With the decision No. 1195 of 18 January 2018, the Court of Cassation ruled on the powers of the extraordinary commissioner to require performance of pending contracts and on the treatment of...
    ItalyCorporate/Commercial Law
    ADVANT Nctm
    ADVANT Nctm
  • Article

    Precautionary Protection Of The Right To Honour And Reputation In Light Of The Principle Of Inadmissibility Of Precautionary Measures Equivalent To Seizure Of The Press Under Article 21, Paragraph 3, Of The Italian Constitution

    In the event of online press articles causing damage to honour and reputation, without prejudice to the prohibition of precautionary measures having equivalent effect to seizure of the press
    ItalyGovernment, Public Sector
    ADVANT Nctm
    ADVANT Nctm
  • Article

    "Guidelines For The Definition Of The National Recovery And Resilience Plan". Main Points

    This document aims to analyse the main points provided for in the draft "Guidelines for the definition of the National Recovery and Resilience Plan".
    ItalyStrategy
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    ADVANT Nctm
  • Article

    Which "Judge In Berlin" For Agreements In Lieu Of Port Concessions?

    In a democratic order, to ensure the legitimacy of decisions (and therefore their acceptability by the recipients), the administrative action cannot disregard the social consensus.
    ItalyTransport
    ADVANT Nctm
    ADVANT Nctm
  • Article

    Recent Amendments To The Italian Securitisation Law

    This alert analyses the amendments made to Italian law no. 130 of 30 April 1999 on receivables securitisation ("Law 130") by article 1, paragraphs 214 and 215 of Italian law no. 178 of 30 December 2020.
    ItalyCorporate/Commercial Law
    ADVANT Nctm
    ADVANT Nctm
  • Article

    Banks, Default And Public Confidence: Waiting For Decision From The New Government

    The Italian banking world is currently going through a period of deep-rooted change.
    ItalyFinance and Banking
    ADVANT Nctm
    ADVANT Nctm
  • Article

    The Provisions For Adaptation Of The Consolidated Finance Law To The Prospectus Regulation And Public Offerings Of Securities

    With Legislative Decree No. 17 of 3 February 2021, issued by virtue of Article 9 of the 2018 European delegation law (Law No. 117 of 2019).
    ItalyFinance and Banking
    ADVANT Nctm
    ADVANT Nctm
  • Article

    What Is The Statute Of Limitations For Collection By An Italian Port System Authority Of State Property Concession Fees?

    In day-to-day operation, a port concessionaire must deal with all the issues involved with State property concession fees, namely, their amount, recalculation for update and, especially, payment.
    ItalyTransport
    ADVANT Nctm
    ADVANT Nctm
  • Article

    Towards A "New" Real Estate Securitisation

    Recent updates on the securitisation of proceeds arising from ownership of real estate assets introduced by Italian Budget Law 30 December 2018, no. 45 and Law Decree 30 April 2019, no. 34 (so called "Growth Decree").
    ItalyFinance and Banking
    ADVANT Nctm
    ADVANT Nctm
  • Article

    Article 577 Of Italian Navigation Code: Interpretation Issues Involved With The Limitation Period Of Naval Mortgages

    Interest and criticism have arisen from among legal commentators and courts in relation to article 577 of the Italian Navigation Code, due to its poor wording: "The rights arising from the grant
    ItalyTransport
    ADVANT Nctm
    ADVANT Nctm
  • Article

    Italian Supreme Court En Banc Rules In Favour Of The Jurisdiction Of Italian Courts In Disputes Against Foreign Airlines

    By its recent decision No. 3561 of 13 February 2020, the Italian Supreme Court en banc provided a complete solution to the controversial objection of lack of jurisdiction of Italian courts over...
    ItalyLitigation, Mediation & Arbitration
    ADVANT Nctm
    ADVANT Nctm
  • Article

    Legal Status Of Cruise Terminals: What Implications For The Terminal Operators Who Manage Them?

    Now, as a rule, a private terminal operator can freely enter into contract with its suppliers, maintenance technicians as well as with third parties in general.
    ItalyTransport
    ADVANT Nctm
    ADVANT Nctm
  • Article

    Contributions From Nctm Offices Around The World Shipping & Transport Bulletin April-May 2018

    The United States has decided to impose tariffs on the import of all steel and aluminium products from all countries except Canada and Mexico on the basis of national security.
    European UnionTransport
    ADVANT Nctm
    ADVANT Nctm
  • Article

    "Move It Or Lose It!": Port Pilotage Service And Challenges For Competition

    In this number of our newsletter, we begin a reflection on port pilotage which, for its operational relevance
    ItalyAntitrust/Competition Law
    ADVANT Nctm
    ADVANT Nctm
  • Article

    The Liability Of Non-Executive Directors

    The receiver of a bankrupt joint-stock company sued its directors before the Court of Rome, in order to ascertain their liability, pursuant to Article 146 of Bankruptcy Law.
    ItalyCorporate/Commercial Law
    ADVANT Nctm
    ADVANT Nctm
  • Article

    The European Court Of Justice Denies That VAT Must Always Be Paid In Full In Concordato Preventivo

    A company filed a concordato preventivo proposal with the Court of Udine, providing for full payment of certain secured creditors and for partial payment of some lower ranking secured creditors...
    ItalyTax
    ADVANT Nctm
    ADVANT Nctm
  • Article

    "I Just Called To Say"… The Italian Transport Regulation Authority, Following The Call For Input, Approves The First Regulatory Measures On Fair And Non-Discriminatory Access To Port Facilities

    Let's go back to a topic already dealt with in previous issues of our Bulletin, namely the call for input called by the Italian TRA on "Methods and criteria for ensuring fair and non-discriminatory...
    ItalyTransport
    ADVANT Nctm
    ADVANT Nctm
  • Article

    Legislative Decree No 187/2020 Entered Into Force: Significant Amendments To The Private Insurance Code Concerning Insurance Distribution

    On 9 February 2021, Legislative Decree No. 187 of 30 December 2020 (the "Decree") entered into force.
    ItalyInsurance
    ADVANT Nctm
    ADVANT Nctm

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