News - Page 19 of 39 - Studio Legale Mazza

03 December 2018

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Industrial and Intellectual Property, Trademarks, Drawings and the fight against counterfeiting

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Italian Day, Naples, 04 December 2018 Initiative realized and funded within the framework of collaboration between the European Union Intellectual Property Office (EUIPO) and the Italian Patent and Trademark Office (UIBM) The aims of the meeting are to verify, in the field and through direct dialogue between people, the effective contribution that intellectual property offers to contemporary society and the innovations introduced by the reform of European law on the brands already operating for the EU Marks and soon to become national law with the adoption of the Second Trademark Harmonization Directive. Furthermore, a specific focus will be dedicated to the issue of...

01 December 2018

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Administrative Process, Decisions, Motivation, Cons. St., III section, Judgment of 27 November 2018 n. 6711

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The sentence of the court of first instance motivated in a perplexed manner and with dubious expressions must be annulled on appeal The Section has clarified that an unconvincing motivation by the judicial body is also a non-convincing reason, incapable of expressing, that is, sufficiently - and such as to stand in any case at the jurisdictional level of the judge of the second degree - the concise explanation of the factual and legal reasons that support the contested decision (Article 88, paragraph 2, letter d), cpa). The perplexing, dubitative motivation, expressed with amletic or hermetic formulas, can not satisfy that rigorous...

01 December 2018

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Banking and Companies, Special Assets, New Guidelines

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Mortgage Directive implemented in the Banking and Circular Law 285 of the Bank of Italy Adaptation to the latest European and international standards Updated guidelines for the valuation of properties guaranteeing credit exposures. News for hotels, shopping centers and agro-industries With a mortgage market exceeding € 376 billion in September 2018, up 2.3% over last year, the quality and efficiency of property valuations are key elements. In this way, the Guidelines for the valuation of properties guaranteeing credit exposures came to the third update in light of the further adaptation to the most recent European and international standards, in particular the Mortgage Directive implemented in...

19 November 2018

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Banking and Companies, 2019 Credit Agreement

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"Companies in Recovery 2.0" On 15 November 2018, the ABI and the Business Representation Associations signed a new Credit Agreement, which includes the following initiatives: the strengthening of the collaboration between the ABI and the Business Associations to carry out a joint action for the analysis and definition of shared positions on European and international regulatory and regulatory initiatives that impact on access to credit for businesses. In particular, it has constituted a specific interassociative sharing table on international regulation (CIRI); the introduction of some adjustments to the "Impresa in Ripresa" measure, related to the suspension and extension of loans to SMEs, envisaged by...

19 November 2018

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Financial, Esma renews bans on binary options since 2 January 2019

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On November 7th, the Board of Supervisors of ESMA, the European Securities and Markets Authority, renewed for a further quarter, from 2 January 2019, the bans on the marketing, distribution or sale of binary options to retail investors. The measures, in force since 2 July 2018, had already been the subject of an extension on 2 October last. 12/11/2018 Source Consob...

17 November 2018

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Corporate, Transformation of srl into a spa, Withdrawal of a shareholder, Judgment no. 28987 of 12/11/2018, First Supreme Court Court of Cassation

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Article 2473, paragraph 1, c.c. Applicable Discipline, Good Faith and Correctness as Supplemental Sources, Relevance In the hypothesis of transformation of a limited liability company into a joint-stock company, the regulation of the right of withdrawal applicable to shareholders is that dictated by art. 2473, paragraph 1, of the Italian Civil Code, which does not provide for terms of forfeiture; it follows that, if the deed of incorporation and the bylaws do not determine the methods and timing, the withdrawal must be exercised according to correctness and good faith, it is up to the judge to assess the circumstances of the specific...

17 November 2018

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Administrative, Town planning, Regulatory Plan, Variant, Observation of private individuals, Specific motivation, Tar Bari, section III, 09 November 2018 n. 1466

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Reason for rejection of the observations presented by the owner of an area engraved by urban variant There is no burden of detailed reasons for the rejection of the observations presented by the owner of an area affected by urban variant in the absence of situations (source of expectations or expectations in favor of subjects whose positions appear worthy of specific considerations) exceptionally impose to the proceeding Administration a more incisive and singular motivation of the general urban planning instruments (1). 1) He clarified the Section - recalling the jurisprudence of the Council of State (Section IV, 9 December 2010, No. 8682)...

05 November 2018

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Banking Law, current account contract with credit initiation, quarterly capitalization clause of compound interest, invalidity, action for repetition of overpayments, interim order no. 27680 of 30/10/2018, First Supreme Court Court of Cassation

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Prescription - Method of formulating the exception Significant contrast on how to formulate the limitation exception raised by the bank Articles 2938, 2697, 2727 c.c The first civil section has referred the acts to the First President for the possible assignment to the United Sections, for the purpose of the composition of a marked contrast on the formulation of the exception prescription raised by the bank when the account holder requests the return of sums unduly paid , and in particular if the limitation exception, to be validly proposed, should also contain the attachment of the single remittances having a solvent nature made...

17 October 2018

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Administrative, Contracts of the Public Administration, Temporary grouping of companies, Service contract, Tar Bari I October 2018, n. 1250

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Public Administration contracts - Temporary grouping of companies - Service contract - Special participation requirements - Cumulative grouping - Possibility. Service performed by performers without the requirement provided that this is cumulatively owned by the grouping Discretion of the contracting authority In relation to tender procedures for the assignment of services in which temporary groupings of companies participate, the possession of special requirements for participation "may", but not "must" attest to a minimum threshold, being the choice left to the discretion of the contracting authority, with the consequence that in the event of failure to define the minimum threshold by the contracting authority,...

17 October 2018

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Administrative, Contract, Jurisdiction, Compensation for damages, Pre-contractual liability, Tar Milano section III, 12 October 2018 n. 2267

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Of the bidder who involved the contracting authority in unnecessary negotiations, Jurisdiction ordinary judge, pre-contractual liability of the bidder Liability pursuant to articles 1337, 1338, 2043 c.c. The claim for damages filed by the Administration, claiming the pre-contractual responsibility of the private for the damages suffered as a consequence of the involvement in negotiations proved useless - having participated in a tender without checking, as well as elements that had already to be known or knowable, the possibility of contractually engaging - falls outside the jurisdiction of the court seised, falling within that of the ordinary judge (1). (1) It has clarified the...