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  • Article

    Do The Guidelines Regarding The Responsibilities Of Legal Entities (Legislative Decree 231/2001) Apply To A Sole Quota-Holder Company?

    Do the guidelines regarding the responsibilities of legal entities (Legislative Decree 231/2001) apply to a sole quota-holder company.
    ItalyCorporate/Commercial Law
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  • Article

    Malpractice Liability: The Council Of State Suspends The Analysis Of The Ministry Of Economic Development's Scheme Of Regulation Implementing The Minimum Requirements Of Insurance Policies And Similar Measures (So-Called "Self-Insurance")

    The scheme of regulation, after the approval of the State-Regions Conference, was awaiting the opinion of the Council of State and was about to be issued so that, after 5 years, ...
    ItalyInsurance
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    Macchi di Cellere Gangemi
  • Article

    Paywalls: Legitimate?

    The decision of many news online editors to prevent access to their websites without subscribing or accepting cookies for advertising purposes is causing discussion and has once again...
    ItalyPrivacy
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  • Article

    Towards A Simpler And Faster Enforcement?

    Enforcement proceedings, that is the possibility to enforce the recovery of the money owed from the debtor, is an essential aspect of the creditor's tangible protection.
    ItalyPrivacy
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  • Article

    What Are The Rights Of A Surface Right Owner On A Mortgaged Land?

    In the renewable energy sector, the acquisition of a land over which the power plant shall be built is of particular importance in the initial phase of development.
    ItalyReal Estate and Construction
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  • Article

    Recent Developments On Usurious Interests

    This judgment is therefore relevant for all contracts for which a specific default interest rate is agreed for pecuniary obligations.
    ItalyCorporate/Commercial Law
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  • Article

    Swaps With Local Entities: The Court Of Accounts Declares The Lack Of Jurisdiction Over Banks

    In ruling no. 221 of September 6, 2022, the Court of Accounts declared the lack of jurisdiction over the banks involved in a case of treasury liability exercised by the Regional Public Prosecutor's Office...
    ItalyFinance and Banking
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  • Article

    Italian DPA Fines Benetton For 240,000 Euros.

    With an injunction order, the Italian Data Protection Authority fined the Benetton company for breaching some principles of the GDPR regarding data retention...
    ItalyPrivacy
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  • Article

    Juventus FC Scores Landmark Win For A TM Infringement Case In The Metaverse

    By order issued on July 20th, 2022, the Court of Rome has granted an injunction against Blockeras S.r.l. ("Blockeras") the creator of NFTs portraying images of a football player...
    ItalyIntellectual Property
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  • Article

    Emoji And Trademarks: The Relevance Of Distinctive Character In Visual Communication

    The Board of Appeal of EUIPO, in its decision of 1st June 2023 in the case R 2305/2022-2, confirmed the decision of the European Office, excluding the possibility of registering an emoji...
    European UnionIntellectual Property
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  • Article

    The High Court Of Justice In London Declares That The Derivative Contracts Entered Into By An Italian Local Authority Are Void And Unenforceable

    On 14 October 2022, the High Court of Justice of England and Wales declared that the derivative contracts entered into by an Italian local authority with some banks in December 2007...
    ItalyFinance and Banking
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  • Article

    First Considerations On The Effectiveness Of The Register Of Opposition As Amended By Presidential Decree No. 26/2022

    Against the so-called ‘aggressive telemarketing', as of 27 July 2022 citizens can also register their mobile phone number in the Opposition Register (RPO).
    ItalyMedia, Telecoms, IT, Entertainment
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  • Article

    Two Shareholders Each At 50 Percent? The "Russian Roulette" Clause Is Also Valid For The Supreme Court

    Jurisprudence of merit already considered lawful the statutory or shareholders' ‘anti-stall' clause used to resolve situations of corporate paralysis.
    European UnionCorporate/Commercial Law
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  • Article

    The Court Of Cassation Returns On Sale And Lease Back: Concrete Proof Of Participatio Fraudis Required

    In a recent decision, the Supreme Court has further clarified the conditions for the validity of the sale and lease back contract. This is, as is well known, the contractual transaction whereby...
    ItalyInsolvency/Bankruptcy/Re-Structuring
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  • Article

    The Supreme Court Of Cassation Returns To Rule On The Interpretation And Scope Of Arbitration Clauses

    With Ruling No. 31350/22, filed on 24 October 2022, the First Civil Section of the Court of Cassation returned to rule on the interpretation and scope of arbitration clauses included in contracts.
    ItalyLitigation, Mediation & Arbitration
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  • Article

    IMU (Municipal Property Tax) On First House: Double Exemption To Spouses Living In Two Different Municipalities.

    Stop paying IMU for spouses who reside and habitually reside in two different homes, irrespective of the municipality in which they are located.
    ItalyTax
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  • Article

    First Step Toward EU Regulation On Artificial Intelligence – The European Parliament Approved The AI Act

    After an initial positive opinion from the Internal Market Committee and the Civil Liberties Committee of the European Parliament on the AI Act...
    WorldwideTechnology
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  • Article

    New Rules Concerning Automotive Distribution: What's New Under The Sun?

    Last summer, a couple of months after the entry into force of the European Commission Regulation (EU) 2022/720 on the application of Article 101(3) of the Treaty...
    ItalyGovernment, Public Sector
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  • Article

    Reform Of The Italian Civil Process: Where Do We Stand?

    On 2 August 2022, the (outgoing) Government submitted to Parliament the draft legislative decree that should implement the reform of the civil process in accordance with the Enabling Law No. 206/2021.
    ItalyLitigation, Mediation & Arbitration
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  • Article

    The New Proposal To Reform Data Protection And Privacy Regulations In The United Kingdom

    On 18th July 2022, the Data Protection and Digital Information Bill (Bill 143 2022-23) was introduced in the British House of Commons.
    European UnionPrivacy
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