First event of a new series of meetings The first was held on June 5th in San Martino di Ferrara Agribusiness: from our land to international markets ", the event promoted by Piccola Industria and the agri-food supply chain of Confindustria Emilia. 08/06/2019 Source Confindustria Emilia...
Read moreRegulation of the mandatory tender offer for consolidation and of the increased vote pursuant to articles 106, paragraph 3, lett. b) and 127-quinquies, of Legislative Decree no. 58/1998 and 46, of Consob Regulation n. 11971/1999 (Issuers Regulation) Consob clearing up Due to the accrual of the increase in the voting rights of the shares of a listed company by two partners acting in concert, the shareholding held by them had exceeded the takeover threshold (5%). In this perspective, in order to avoid the consequent obligation to opt out, these shareholders had communicated to the market the intention to avail themselves of the exemption...
Read moreThese are the demands that today, in Milan, during the conference of the Italian Alliance for Sustainable Development (Asvis), businesses and the world of finance have addressed the Government. The lines of action necessary to accelerate the step towards the sustainable development goals of the 2030 Agenda have been gathered by the ten participating business associations that adhere to the Asvis in a joint document. The text indicates the interventions necessary to create a suitable environment for sustainable development, to accelerate the decoupling between economic growth and environmental pressure, to face the social dimension of the ecological transition of the production system,...
Read moreLeg. April 18, 2016, n. 50 The National Anti-Corruption Authority (ANAC) and the Institute for Insurance Supervision (IVASS) adhered to the Memorandum of Understanding, signed in November 2018, between the Bank of Italy, the National Commission for Companies and the Stock Exchange ( CONSOB) and the Italian Antitrust Authority (AGCM) for the joint management of the joint procurement procedures according to the regulation pursuant to Legislative Decree 18 April 2016, n. 50. The Memorandum of Understanding lays the foundations for raising the quality of public procurement also in terms of transparency and anti-corruption. Rome, 9 May 2019 Source Authority for Competition and Market...
Read moreThe United Sections, in contrast resolution, have affirmed that, in the matter of guarantee for the defects of the thing sold in the art. 1490 of the Civil Code, the buyer who exercises the actions for the termination of the contract or for the reduction of the price pursuant to art. 1492 c.c. is burdened with the burden of offering proof of the existence of defects. Source Supreme Court of Cassation...
Read moreArt. 40, paragraph 2, penal code and art. 110 cp Apparent administrator and de facto administrator, awareness of criminal designs. Imputation of criminal responsibility to the administrator (so-called wooden head), in competition with the actual director. Subject that accepts the role of administrator exclusively for the purpose of acting as a front-man, the mere awareness that the typical events of the crime (generic fraud) or the acceptance of the risk that these occur (fraud will) may result from his omissive conduct sufficient for the assertion of criminal responsibility. Source Supreme Court of Cassation...
Read moreLegislative Decree 6 September 2011, n. 159 The Third Section of the Court of Cassation stated that it must be excluded that, by virtue of the reference made by art. 104-bis, paragraph 1-bis disp. att. cod. proc. pen. to the provisions of Legislative Decree 6 September 2011, n. 159, the preventive seizure of company equity investments may also have as a consequence the seizure of the assets constituted in the company, as foreseen instead in terms of prevention measures by art. 20 of the aforementioned decree, given that the scope of this last provision cannot be extended to include the precautionary...
Read moreArt. 110 of the Criminal Code, parties involved in the execution of the crime, precautionary needs that can be derived from the personality of the detainees, subjects with precedents and uncensored well inserted in the criminal context. Network of relationships and delinquent contexts. Source Supreme Court of Cassation...
Read moreThe First Criminal Section has affirmed that the same criminal design can be configured even when one of the crimes forming part of the unified design and planning has had an aberrant outcome with respect to the original determination, since, due to a mere executive error, the event wanted by the agent has occurred to the detriment of a person other than the one to whom the offense was directed, given that the accidental change in the material object of the conduct does not affect the subjective element that sustains the institution. Source Supreme Court of Cassation...
Read moreThe Fifth Chamber of the Court of Cassation stated that in the case of administrative pecuniary sanctions imposed by the Bank of Italy, pursuant to art. 144, Legislative Decree 1 September 1993, n. 385, due to deficiencies in the organization and internal controls, the indexes of a substantially criminal nature developed by the jurisprudence of the Court of Strasbourg in the judgment of 8 June 1976, Engel c. Netherlands. Source Supreme Court of Cassation...
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