News

Italian Companies, Exports in 2021, Expansive Economic Policies

And implementation of the Next Generation EU plan Financing the real economy and an ambitious green agenda SACE Risk Map "One year after the declaration of a pandemic, the SACE Risk Map gives us a completely new snapshot of the world. The restart of Italian companies will be promoted by some important drivers. Exports, first and foremost, which has always been a fundamental engine of our economy, will certainly be a lever to activate. But alone it will not be enough to hook the recovery. It will also be necessary to focus on the implementation of the Next Generation EU plan; on a...

Read more

Public contracts, the public contracts market returns to growth in the 2nd quarter of 2020

52,808 public tender procedures were registered for a total starting price of € 65.4 billion in our country in this period. Statement by the President: we must do more and digitize the entire procurement chain. In the 2nd quarter 2020 the public contracts market returns to growth after the decline in the 1st quarter due to the health emergency and it does so even exceeding the numbers of the period preceding the pandemic both in the number of tenders and in the economic value: this is the main result that emerges from the 2nd quarterly report of the National Anti-Corruption Authority of...

Read more

Italian Cinema Industry, Dynamics of 2021, Exploration of new business models

An important industry hit hard by the pandemic that is restarting thanks to the health protocol for the resumption of audiovisual productions and that explores new business models. The bad news is the pandemic that has blocked television and film productions for a few months and still leaves theaters closed. The good news is that Italian cinema was in good health before the Covid-19 tsunami and that it presents itself better than others at the appointment with the profound changes in the way it is enjoyed in recent months that are expected to last even after the health emergency is over. In 2019,...

Read more

Intellectual Property, International registered trademarks, Pre-use of the de facto trademark, Supreme Court of Cassation, First Civil Section, Judgment n. 29574 of 24 December 2020

Passim Art. 14 of the proprietary code ind. International registered trademarks containing the geographical name; pre-use of the de facto trademark then registered; protection of the sign as a geographical indication by virtue of effective registrations in Italy; signs capable of deceiving the public, in particular on the geographical origin, on the nature or on the quality of the products or services; requests for verification of acts of unfair competition and non-fulfillment of contractual commitments undertaken; nullity due to lack of novelty of the three brands; plurality of questions; summons in reinstatement in the referral. The judgment cited opposes mere disputes such as...

Read more

Intellectual Property, Owners of Intellectual Property Rights, Management of transmission technology patents, Verification of illegality of conduct, Jurisdiction of the Italian judge, Court of Cassation, Un. Sec. Civ., Decree n. 28675 of 15/12/2020

Passim Regulation (EU) n. 1215/2012 Owners of intellectual property rights who intend to exploit economically by granting licenses. Verification of the illegitimacy of the defamation or denigration or unfair competition conducted by the German counterparties, which those alleged and denied offenses had placed as the basis of a press campaign or in any case on information media, including telematic ones in German, as well as of judicial initiatives, seriously damaging to reputation in a highly specialized sector such as the management of transmission technology patents; with simultaneous request for a generic sentence to pay compensation for the damage thus caused to them. Declaration of...

Read more

Public contract, Company reserves, Security deposit, Supreme Court of Cassation, First Section, Interlocutory Ordinance of 05 January 2021 no. 25

The First Civil Section of this Court declared the question of the constitutional legitimacy of art. 23, paragraph 2, of the l. reg. Puglia n. 13 of 2001 in the part in which it states that "If, following the registration of the reserves by the company in the accounting documents, the economic amount of the work varies in increase with respect to the contractual amount, the company is required to establish a cautionary deposit in favor of the administration equal to 0.5 percent of the amount of the presumed higher cost, to guarantee the higher costs for the administration for...

Read more

Administrative, Administrative concession, Property claims relating to the execution of the contractual relationship, Tar Bologna, Section 1, Judgment November 28, 2020 n. 787.

Jurisdiction - Administrative concession - Motorway concession - Property claims relating to the execution of the contractual relationship - Dispute - Ordinary court jurisdiction. The dispute concerning the claiming of property claims relating to the execution of the contractual relationship underlying a motorway concession, governed by the relevant agreement, falls within the jurisdiction of the ordinary judge, as judge of rights. The Section clarified that - according to the well-known criterion of the substantive petitum for the purpose of identifying the judge with jurisdiction (Cass. Civ., SU, 8 July 2020, n. 14231; id. 23 April 2020, n. 8098; Cons . St., section...

Read more

Administrative, Public Administration Contracts – Procurement Rite – Announcement – Endorsement – SOA Certification, Cons. St., A.P., judgment of 16 October 2020 n. 22

Articles 83, paragraph 8, last sentence, 84 and 89, paragraph 1, of the legislative decree n. 50 of 2016. The plenary meeting pronounces on the nullity of the clauses of the announcement and on the nullity of the subordination of the SOA attestation to the production of the SOA attestation of the subsidiary company. Partial nullity of the clause. Public Administration Contracts - Use - SOA Certification - Subordinated to the production, during the tender, of the SOA certification also from the auxiliary company itself - Nullity of the forecast. Public Administration Contracts - Use - SOA Certification - Subordinated to the production, during...

Read more

Financial, Companies, State Aid, the EU extends the extraordinary regime

Governments can cover up to 90% of the costs of SMEs in difficulty. In an economic context that remains dramatically uncertain and while fears of a resumption of the flu epidemic increase, the European Commission announced on Tuesday 13 October that it had extended the extraordinary regime relating to state aid rules by three to six months. 14/10/2020 Source Confindustria Emilia...

Read more