News – Law Firm Mazza

01 February 2020

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Administrative, Town Planning, Regulations, Disapplication, Council of State, II, Judgment of 09.01.2020 n. 219

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Regulations - Disapplication - Conditions - Identification. The non-application by the administrative judge of the secondary regulation for the purposes of deciding on the legitimacy of the contested administrative provision is a tool for resolving the antinomies between sources of law which is based on the principle of graduation of the strength of the various regulatory sources all abstractly applicable and, therefore, presupposes that the precept contained in the regulatory provision is in direct contrast with that contained in another source of a higher degree. There is no conflict between provisions of different rank that must be resolved through the non-application of...

11 January 2020

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Administrative, Public Contracts Code, Employment Agreement and so-called theory concrete cause, Tar Napoli, Sec. III, Judgment no. 51, 07 January 2020

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Art. 89 of Legislative Decree no. 50_2016. The exercise of the benefit can be limited, in particular circumstances, taking into account the object of the contract in question and its purposes; in particular, this can occur when the capabilities available to a third party, and which are necessary for the execution of this contract, are not transmissible to the candidate or to the tenderer, so that the latter can only use these skills if the third party participates directly and personally in the execution of this contract. The contract of availment which finds its complete definition in art. 89 of Legislative Decree...

14 December 2019

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Criminal Law, Ending of Competition Deeds in place in the exercise of a Commercial, Industrial or Productive Activity, Obstacle of freedom of self-determination of the Concurrent Company, Criminal Issue Decided n. 49343 of 11/28/2019, United Sections Supreme Court of Cassation

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Normative requirements Law 10 October 1990, n. 287, articles 2, 3; T.F.U.E., articles 101, 102; cod. civ., art. 2598; cod. pen., art. 513-bis. Order of referral of the Third Criminal Section If, for the purpose of configuring the crime of illegal competition with violence or threats, it is necessary to carry out typically competitive illicit conduct or, on the other hand, it is sufficient even just to carry out acts of violence or threat, however suitable to oppose or hinder others freedom of competition. Decision It is necessary to carry out acts of competition which, carried out in the exercise of a commercial, industrial or...

06 December 2019

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Financial Litigation, Ici, Area, Already Buildable, Cd Program. “Urban Compensation”, Court of Cassation, V Section Trib., Interim Order No. 26016 of 10/15/2019

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ICI - AREA, ALREADY BUILDING, SUBJECT TO A BOND OF ABSOLUTE INEDIFICATION BY REGIONAL LAW - INSERTION OF SUCH AREA IN A CD PROGRAM. "URBAN COMPENSATION" - COMPENSATORY PROCEDURE NOT YET CONCLUDED WITH SPECIFIC IDENTIFICATION OF THE CD. AREA OF "LANDING" - BUILDING NATURE - ASSIMILABILITY AS A TAX PURPOSE - QUESTION OF MAXIMUM PARTICULAR IMPORTANCE. With regard to ICI, the Tax Section handed over to civil United Sections, pursuant to art. 374, paragraph 2, of the Code of Civil Procedure, the resolution of the following general question of particular importance: if an area, previously buildable and then subjected by a...

27 November 2019

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Financial litigation, National Consolidation, Assessment with first level acceptance by the Consolidated, Effects on the Responsibility of the Consolidating Company, Court of Cassation, V Section. Trib., Judg. n. 30348 of 11/21/2019

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NATIONAL CONSOLIDATE - ASSESSMENT WITH FIRST LEVEL MEMBERSHIP BY THE CONSOLIDATE - EFFECTS ON THE LIABILITY OF THE CONSOLIDANT WHO DID NOT PARTICIPATE IN THE PROCEDURE FOR MEMBERSHIP OR FORGED THE NOTICE OF ACCORDING TO THE SECOND LEVEL FINAL DEFINITION - DISCIPLINE IN FRONT OF THE INTRODUCTION OF THE ART. 40-BIS D.P.R. N. 600 OF 1973 AND OF THE ART. 9-BIS OF LEGISLATIVE DECREE NO. N. 218 OF 1997. The financial section of this Court established that, in the event of national consolidation, the assessment with first level acceptance of the consolidated company, according to the rules prior to the introduction,...

21 November 2019

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Environment, Pollution of groundwater in contaminated sites, Regional Court of Administrative Justice of Trento, Section One, Judgment of 11.15.2019 n. 154

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Pollution - Environmental Pollution - Consequences pursuant to Articles 242 and 245, Legislative Decree no. 152 of 2006 - Differences - Ratio. Pollution - Environmental Pollution - Pollution Manager - Detection. Pollution - Environmental pollution - Pollution of groundwater in contaminated sites - Article 243, paragraph 1, Legislative Decree no. 152 of 2006 - Scope of application. The difference between the discipline set by art. 242, Legislative Decree no. 152 of 2006, which foresees that the person in charge of the pollution has the obligation to put in place the operational and administrative procedures aimed at preventing the risks of pollution (paragraph 1)...

21 November 2019

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Environment, Environmental Pollution, Council of State, A. P. Judgment of 22 October 2019 n. 10

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Pollution - Environmental pollution - Reclamation - Company taking over as a result of merger by incorporation into the responsible company - Responsible for facts of the original company - Limits The remediation of the polluted site can also be ordered by a company not responsible for the pollution, but that takes over it due to the merger by incorporation, in the regime previously subject to the reform of company law, and for conduct prior to when the remediation was introduced into the legal system, the damaging effects of which remain at the time of the adoption of the provision. The question...

16 November 2019

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Financial, Consob and Bank of Italy, Memorandum of Understanding on investment services and activities and collective asset management

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Leg. n. 129 of 2017 implementing the Mifid II directive Consob and the Bank of Italy signed a new Memorandum of Understanding on investment services and collective asset management on November 5, 2019, intended to replace the previous Protocol of October 31, 2007. The update is aimed at adapting the framework of cooperation between the two authorities to the regulatory changes that have occurred in recent years and intends to increase the overall degree of effectiveness and efficiency of the coordination of the respective supervision activities. In summary, the new Protocol: a) redefines the scope of the collaboration between the Bank of Italy and...

02 November 2019

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Administrative, Administrative proceedings, Self-protection, Consortium of Industrial Development, Lazio Tar, Section Two Quater, 23/10/2019, Judgment n. 12198

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Proceedings - Start-up notices - Contributions and loans - Industrial Development Consortium - Assets assigned to restore the production destination - Repurchase - Need for the participation phase. The possibility of repurchasing a production asset assigned by the Industrial Development Consortium to private entrepreneurs in order to restore the production destination set forth in art. 63, l. December 23, 1998, n. 448, affecting legal relationships in progress, must take place in compliance with the procedural guarantees sanctioned by art. 7, l. n. 241 of 1990 (1). (1) The TAR has clarified that the assignment in ownership or the granting in use of...

02 November 2019

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Administrative, Urban Planning, Public Service, Destination of an area to standards, Uti cives, State Council, Section Fourth, 17/06/2019, Judgment n. 4068

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The destination of a standard area is finalized by means of a servitude of public use to the use of the same by the entire indistinct community of citizens (uti cives) and not limited use (uti singuli) by the users of the units only real estate in relation to which the obligation to provide standards has arisen (1). (1) The municipality of ...