News - Studio Legale Mazza

12 March 2025

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Banking, Contracts, Mortgage, Validity of the “solution” mortgage, Supreme Court of Cassation, United Sections, Judgment no. 5841 of 05/03/2025

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“Solutory” mortgage used to settle the borrower’s previous debt exposure - Validity - Existence - Effectiveness as an executive title - Configurability. The United Civil Sections – in relation to the issue referred by the Second Civil Section with the interlocutory order no. 18903 of 10 July 2024 – have pronounced the following principles: «The completion of the loan agreement, with the consequent birth of the obligation of repayment by the borrower, occurs when the sum borrowed, even if not physically delivered, is placed in the legal availability of the borrower himself, through crediting to a current account, without prejudice to the...

12 March 2025

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Intellectual Property, Precautionary measure, Art. 132 c.p.i., Supreme Court of Cassation, First Civil Section, Interlocutory Order no. 3332 of 10/02/2025

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Intellectual property rights - Precautionary measure - Failure to start the trial on the merits - Ineffectiveness - Art. 132 c.p.i. - Contradiction with art. 9, paragraph 5, of dir. 2004/48/EC - Preliminary question. The First Civil Section has ordered, pursuant to art. 267 TFEU, the transmission of the documents to the Court of Justice of the European Union, requesting a ruling on the following preliminary question: «Shall the Court of Justice declare whether art. 9, paragraph 5, of dir. 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, must be...

10 February 2025

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Italian Industry, Export of machinery with high intensity of Automation, Creativity and Technology (ACT)

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Capital goods Italian exports of high-intensity Automation, Creativity and Technology (ACT) machinery are worth 32.1 billion euros, with a growth potential estimated at 8 billion. This is highlighted by the second edition of INGENIUM, the report by the Confindustria Study Center created with the support of Federmacchine. Advanced markets absorb 21.6 billion euros, while emerging ones 10.5 billion. The Americas are recording the greatest growth, with Mexico being the main outlet market. The additional potential is distributed rather evenly between advanced (4.6 billion) and emerging (3.3 billion) countries, suggesting companies to increase their market shares in both. In the advanced, the United States leads (+760 million), followed by...

10 February 2025

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Industrial property, EU designs reform

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The EU design legislative reform represents a significant modernization of the design protection regime, in line with current technologies and economic realities. It increases legal certainty, reduces complexity and widens the accessibility of design rights, greatly benefiting creators and businesses across Europe. Purpose of the reform The reform aims to: modernize, clarify and strengthen design protection; improve the accessibility of design protection in the EU; ensure greater interoperability of design protection systems in the EU; harmonize the divergent spare parts protection regime across the EU. The phases of the reform define the date of application of the new legislation: The amending regulation enters into force on the twentieth...

10 January 2025

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Cinema, Film Market, Data on Cinema in Theaters in 2024

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The Italian film market and the characteristics of the cinema audience in 2024 In 2024, the Italian box office grossed over €493.9 million for a number of attendances equal to approximately 69.7 million tickets sold. This is a result in line with 2023 (-0.4% takings and -1.3% attendance), despite the international product offering conditioned by last year's strikes and the strong competition from major sporting events during the summer, which confirms the newfound solidity of the market in the path of growth and recovery from the pandemic years. The box office data for Italian productions (including co-productions) are also in line with the...

09 January 2025

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Energy, Hydroelectric Assets, Industrial Policies, Energy Release

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Indications from Confindustria Italia Separate the valorization of long-term negotiated energy from that of the spot market “It is not clear why Italy should follow a different path of liberalization compared to other countries. It is necessary to defend hydroelectricity from foreign competition”, thus the Delegate of the President of Confindustria for Energy, relaunches the appeal to the government on hydroelectricity to protect the safety and competitiveness of the sector. There are many risks for Italy, “an operator can decide who to give energy to. And a foreigner – Regina underlined – would feel fewer constraints towards a market” different from his own...

09 December 2024

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Intellectual property, Copyright and generative AI, Music and audiovisual sectors, Economic values in the next five years

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GEN AI: 22 billion in copyright collection at risk in five years CISAC economic study published. Lack of rules for the protection of creators' rights and transparency rules. CISAC (the International Confederation of Societies of Authors and Composers, representing over 5 million creators) has released the first ever global study on the economic impact of AI on the music and audiovisual sectors. Generative AI is estimated to enrich technology companies but significantly undermine the earnings of human creators over the next five years. In fact, it is estimated that the market for musical and audiovisual content generated by AI will grow from the current 3...

09 December 2024

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Industry, Big Enterprises, Production, expectations worsen in November

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The November survey signals a marked worsening of expectations among the large industrial companies associated with Confindustria. Almost half of the companies interviewed (46.9%) expect a moderate or significant contraction in industrial production compared to the previous month. However, the percentage of companies that estimate stable production remains high, standing at 46.8%. Only a small share, 6.3%, hypothesizes a moderate increase in production activity, while none predicts a significant increase, marking a negative picture after months in which production was considered stable or growing (Graph 1). According to industrialists, demand and orders are confirmed to be the main strengths supporting production in the coming months. The balance between...

04 November 2024

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Administrative, Energy from renewable sources, Agreement with GSE, Council. State, Section II, 23 October 2024, Judgment no. 8497

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Incentives for the production of energy from renewable sources and obligation of "in transit" companies to sign the agreement with GSE ELECTRICITY AND ENERGY IN GENERAL - RENEWABLE ENERGY - INCENTIVES - GREEN CERTIFICATES - INCENTIVE TARIFFS - AGREEMENT WITH THE ENERGY SERVICES MANAGER In the context of the replacement of a national support regime for electricity produced from renewable sources based on quotas of such electricity to be injected into the national grid and on the granting of green certificates to companies that produce said electricity (provided for by the legislative decree of 16 March 1999, n. 79 and by the...

04 November 2024

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International Audiovisual Market, Co-production, The numbers as of October 2024

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Tenth edition of Mia Over 100 audiovisual works produced in 10 years of the co-production market, record number of applications with 600 projects received from 90 nations from all continents, meetings, panels and events, keynotes and showcases for 60 Italian and international titles among the most anticipated of the next season between Animation, Doc & Factual, Drama and Film; an Innovation program for the creative industries and a showcase with 13 immersive works. Born in 2015 to support the internationalization of Italian audiovisual companies, the MIA has grown to become a fundamental event for the global audiovisual industry, a curatorial market that...