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03 September 2021

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Corporate, Companies and Entities whose securities are traded on regulated foreign markets, Civil Cassation, Section V, Interlocutory Ordinance no. 19381 of 08/07/2021

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Art. 30, paragraph 1, n. 5, l. n. 724 of 1994 - Text prior to the changes made by l. n. 296 of 2006 - Applicability - Scope - Companies and entities whose securities are traded on Italian regulated markets - Existence - Companies and entities whose securities are traded on foreign regulated markets - Exclusion - Articles 18 (pursuant to Article 12 of the TCE) and 49 (ex art. 43 TEC) of the TFEU - Violation The Fifth Civil Section of this Court, with two twin orders, asked the EU Court of Justice to give a preliminary ruling pursuant to...

03 September 2021

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Guarantee contracts, Surety, Civil Cassation, Section III, Judgment n. 22157 of 03/08/2021

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Guarantees granted by the State or charged to the Treasury in relation to debts of particular categories of subjects - Nature of first demand guarantee - Exclusion - Applicable principles - Consequences in terms of activation of these guarantees. The III Civil Section has stated, in the interest of the law and pursuant to art. 363, paragraph 3, cpc, the following principle of law: "In the case of guarantees granted by the State or placed in any case by the public tax authorities by specific provisions of the law in relation to debts of particular categories of subjects, they, in the...

03 September 2021

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Corporate, Merger, Incorporated company, Extinction, Civil Cassation, United Sections, Judgment no. 21970 of 07/30/2021

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Merger - Incorporated company - Extinction - Active and passive entitlement in court - Intervention by the incorporating company - Effects The United Sections affirmed the following principle of law: the merger by incorporation extinguishes the incorporated company which cannot initiate a judgment in the person of its former director, without prejudice to the right for the acquiring company to explain pursuant to and for the effects of art. 105 cpc voluntary intervention in the course of a case. Source Supreme Court of Cassation...

03 September 2021

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Turnover of Industry.

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In June it is estimated that the turnover of the industry, net of seasonal factors, registers a cyclical increase of 3.1%, resulting from growth in both markets (+ 4.7% in the foreign market and + 2.1% in the indoor). In the second quarter, the overall index shows an increase of 5.2% compared to the previous three months (+ 5.5% on the domestic market and + 4.8% on the foreign one). With reference to the main groupings of industries, in June the seasonally adjusted indices of turnover show economic increases for all the main sectors: energy (+ 6.0%), intermediate goods (+ 5.0%), consumer...

14 June 2021

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Italian industrial production, Growth in April and May 2021, Low inventories and accelerating demand.

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Italian industrial production is expected to further increase in the spring months, after the recovery already recorded in the first quarter (+ 0.9%). After the retreat registered by ISTAT in March (-0.1%), in April and May the activity advanced at a moderate pace (+ 0.3% and + 0.4% respectively), supported by both components of the application. Entrepreneurs show greater optimism: the confidence index rose in May to its highest levels since the autumn of 2017, in line with the improvement in the health crisis and the relaxation of restrictions. Low inventories and accelerating demand herald further recovery of activity also in the summer...

07 June 2021

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Banking contracts, Nullity of fidejussion contracts, Uniform conditions prepared by ABI, Civil Cassation, First Section, Interlocutory Ordinance n. 11486 of 30/04/2021

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The First Civil Section handed over the documents to the First President, for the eventual assignment of the case to the United Sections in relation to the question, considered to be of the utmost importance, concerning the nullity of contracts stipulated in compliance with restrictive agreements on competition, in order to verify its applicability to bank guarantees given in compliance with the uniform conditions prepared by ABI, and in particular to establish: a) whether the total or partial coincidence with the aforementioned conditions justifies the declaration of nullity of the clauses accepted by the guarantor or only legitimizes the exercise of...

04 May 2021

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Industrial Property, Application for invalidity of the Italian fraction of a European patent and termination of the matter of the dispute, Court of Milan, Section Fourteenth, Court of Companies, Judgment no. 1015 of 08 February 2021

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Passim Application for invalidity, due to lack of legal requirements and, in particular in terms of the lack of novelty, inventiveness and sufficient description, of the Italian fraction of European patents. Technical consultancy on the point of validity of patents. The ruling, of jurisprudential elaboration, of cessation of the matter of the dispute, presupposes that the interest of the parties in a decision on the proposed judicial request has ceased, and that is if a situation is ritually acquired or mutually admitted from which it emerges that it has ceased to exist. any reason for conflict between them (Cass. 2155/2012; 6617/2012). The definitive revocation...

19 April 2021

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Public contracts, infrastructural interventions, 57 works to be carried out

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With article 9 of the decree-law of 16 July 2020, no. 76 provisions have been laid down for the revision, expansion and extension of the discipline of extraordinary commissioners referred to in Article 4 of the decree-law 32/2019 so-called "Unblock construction sites". The infrastructures to be built are 57 works: 16 Railway infrastructure 14 Road infrastructure 12 Presidia of public safety 11 Water infrastructure 3 port infrastructures 1 Infrastructure for rapid mass transit The total cost of investments is € 82.7 billion, of which about 44% in the South. Rome, April 16, 2021 Source Ministry of Sustainable Infrastructure and Mobility...

12 April 2021

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Industrial and Intellectual Property, Unfair Confusionary Competition and Counterfeiting of the Registered Trademark, Milan Court, Fourteenth Section, Companies Court, Judgment no. 2622 of March 19, 2021

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Art. 125 c.p.i Passim Counterfeiting of trademarks and acts of confusing unfair competition, request for inhibition of the use of distinctive signs, order to withdraw from the market and destruction of all products marked by them, establishment of a penalty, publication of the sentence, and request for compensation of all pecuniary and non-pecuniary damage. For the purposes of settling the damage, the rule that must be applied is the provision referred to in art. 125 c.p.i., which provides that the compensation due to the injured party is paid according to the provisions of art. 1223, 1226 and 1227, Civil Code, having to take...

10 April 2021

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Banking and Companies, Increasing support from banks to businesses that integrate environmental, social and corporate governance aspects

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Banks: ABI, the commitment to sustainable business growth is strengthened Banks increasingly committed to promoting the growth of businesses in the name of economic, social and environmental sustainability. From the latest survey conducted by ABI, the Italian Banking Association, on Non-Financial Statements (Dnf) published by banks in 2020, the growing support of banks for companies that integrate environmental, social and corporate governance aspects (acronym Esg from 'English Environmental, Social and Governance) in carrying out their activities and undertaking a transition path towards organization and business models based on sustainability. The survey, carried out on a particularly representative sample of the banking sector...