News - Page 7 of 39 - Studio Legale Mazza

01 December 2022

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Criminal law, Real precautionary measures, Preventive seizure, Derivative credits pursuant to art. 121, paragraph 1, lett. b), law decree no. 34 of 2020 (subject of the so-called “superbonus” 110%), Cassation, Third Criminal Section, Judgment n. 40865 of 10/28/2022

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Possibility – Subsistence. The Third Criminal Section stated that: the credits of third party assignees pursuant to art. 121, paragraph 1, lett. b), law decree 19 May 2020, no. 34, converted, with amendments, by law 17 July 2020, n. 77 (subject of the so-called "superbonus" 110%), given that the same, deriving from the right to deduct the tax due to the client of the works, constitute things pertinent to the crime; the subjective condition of said third parties is not relevant, in compliance with the criminal procedure rules, which are not derogated from the discipline in question. Source Supreme Court of Cassation...

24 November 2022

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Copyright, Protection, Creativity and Originality Requirements, Civil Cassation, First Section, Order n. 32871 of 08/11/2022

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Passim Articles 64 bis, ter and quater, l.a. The protection of copyright postulates the requirement of originality, therefore it is necessary to establish whether or not the program is the result of an original creative elaboration with respect to previous works, it being understood that creativity and originality exist even when the work is composed of simple ideas and notions, included in the intellectual heritage of people having experience in the subject matter of the work itself, provided that they are formulated and organized in a personal and independent way with respect to the previous ones. The concrete consistency of this autonomous contribution...

18 November 2022

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Bank contracts, Mortgage loan, Fundability limit, Essential element, Rule on the setting of the limit, Nature, Civil Cassation, United Sections, Judgment n. 33719 of 11/16/2022

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Article 38, paragraph 2, of Legislative Decree no. 385 of 1993. Mortgage loan - Financing limit pursuant to art. 38, paragraph 2, of Legislative Decree no. 385 of 1993 - Essential element of the land loan - Exclusion - Foundation - Rule on the fixing of the limit - Mandatory nature - Exclusion - Reasons. The United Civil Sections, deciding on a matter of contrast and of principle of particular importance, affirmed: that in terms of land loans, the limit of financeability pursuant to art. 38, paragraph 2, of Legislative Decree no. 385 of 1993, is not an essential element of the...

14 November 2022

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Joint-stock company, Demerger project, Civil Cassation, First Section, Interlocutory Ordinance no. 32365 of 11/03/2022

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Company - Joint stock companies - Demerger project - Joint and several liability of the beneficiary companies pursuant to art. 2506 bis, paragraph 3 of the Italian Civil Code - Liabilities with destination not deducible from the project - Liability for environmental damage - Harmful consequences that cannot be determined at the time of the demerger and occurred after the same - Inclusion among the liability items - Compatibility with art. 3 of the VI Council Directive 82/8912 / EEC - Referral for a preliminary ruling to the EU Court of Justice. The First Civil Section ordered the preliminary referral to...

15 October 2022

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Urban planning, Need for public evidence in the selection of the settlement area of the only provincial shopping center, Council of State, Sixth Section, judgment 6 October 2022 no. 8564

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Town planning - Location - Administrative procedure - Administrative justice - Active legitimacy - Administrative act - Validation Appeal of the sentence of the T.r.g.a. - Autonomous Section of the Province of Bolzano - n. 00157/2019. The area on which to set up the only shopping center of provincial importance must be chosen following a prior setting of criteria and selection methods to guarantee compliance with the principles of advertising and transparency as well as the level playing field of competing subjects in the presentation of the their "candidacies"; the selection of the area requires the use of forms of public evidence. The...

24 September 2022

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Contracts, Interpretation, Civil Cassation, Second Section, Judgment n. 27186 of 09/15/2022

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With regard to the interpretation of contracts, the investigation into the common will of the contracting parties must be conducted along the lines of the literal meaning of the expressions used and the identification of the rationale of the contractual precept, outlined in Article 1362 of the Italian Civil Code. In fact, this Court affirmed the principle (see Court of Cassation No. 25840 of 2014), which must be reiterated here, according to which said provision of the code requires the interpreter of the contract to reconstruct in the first place the will of the parties: to this must start from the...

02 August 2022

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Italy, GDP, second quarter 2022

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In the second quarter of 2022 it is estimated that the gross domestic product (GDP), expressed in chain-linked values with the reference year 2015, corrected for calendar effects and seasonally adjusted, increased by 1% compared to the previous quarter and by 4.6 % in trend terms. The second quarter of 2022 had one less working day than both the previous quarter and the second quarter of 2021. The cyclical change is the synthesis of a decrease in added value in the agriculture, forestry and fishing sector and an increase in both industry and services. On the demand side, there is a positive contribution...

16 July 2022

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PNRR, Resource Allocation, Over 1.8 billion euros of cultural investments, Ministry of Culture

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Online the decrees for the allocation of resources for energy efficiency in cinemas, theaters and museums; for the attractiveness of the villages; for the recovery of historic parks and gardens; for seismic adaptation of religious buildings, towers and bell towers; for the restoration he asked FEC The Ministry of Culture has achieved all the PNRR objectives set for June 30th. The decrees for the allocation of 1.8 billion euros to improve the energy efficiency of 274 cinemas, 348 theaters and 120 museums are now online; for the attractiveness of 310 villages (line A + line B); for the enhancement of 134 historic...

16 July 2022

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Cinema, Film Industry, Supply Chain, Quality and Quantity of Italian and non-Italian products

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Latest edition of Ciné (Riccione 5-8 July) President of the ANICA Producers Union: focus on quality to fill salt "The last edition of Ciné (Riccione 5-8 July), an event promoted by ANICA in collaboration with ANEC, in which the different realities of the film industry meet, was an opportunity to reiterate once again the importance of the product for the enhancement of the entire supply chain. The return of Italian masters, genre films and the arrival of major international productions is already producing positive effects; theaters are filling up again and closing the gap compared to 2019, the last pre-pandemic year. Compared to June...

16 July 2022

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Cinema, Senate, Motions, Cinemas and Platforms, Temporary windows of permanence, Mic

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Window system will be extended to all films, Italian and foreign, no longer just to beneficiaries of public funding Decree of the Ministry of Culture "It is important that the Senate chamber has given a strong and determined impetus to government action on the issue of the cinema crisis: cinemas are important cultural sites that it is right to protect. It is also significant that there has been substantial agreement in the various motions on whether the regulation of time windows needs to be improved, i.e. how long films must stay in theaters before going to a platform and that there is...