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29 June 2018
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Administrative, Public Administration Contracts, Judicial Protection on the Request for Price Revision, Cons. St., sect. III, 22 June 2018, n. 3827

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The judicial request concerning the price revision of a contract must be defined, on the procedural level, according to a biphasic type of investigation, aimed first at ascertaining the conditions for the recognition of the revisory fee - an aspect for which it is permitted the appeal judgment referred to the authoritative act of the PA and to his surrogate constituted by the silent rejection; and only at a time after the verification of the quantum debeatur, according to mechanisms specific to the protection of the positions of subjective right; it follows that any provision expressed or tacit that, by...

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29 June 2018
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Banking, bank contracts, maximum overdraft commission, exceeding the threshold rate, l. n. 108 of 1996, Court of Cassation, Sec. Un., Judgment n. 16303 of 20/06/2018

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The Sec. U have solved a question of maximum importance of particular importance as regards the commission of maximum overdraft, with reference to the reports made, in whole or in part, in the period prior to the entry into force of the provisions of art. 2 bis d.l. n. 185 of 2008, inserted by the l n. 2 of 2009, for the purpose of verifying the exceeding of the presumed wear threshold rate as determined according to the provisions of l. n. 108 of 1996. Source Supreme Court of Cassation...

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19 June 2018
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Companies, Supply Chain, Innovation, Growth Objective

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Corporation Creation of 20 supply chains Industrial policies more suited to the new context and more incisive In December, the General Council of Confindustria Emilia approved the new organization in supply chains: a change of mentality that brings the association into the innovative idea of ​​the supply chains, leaving the tradition of the division into sectors, which obviously do not disappear but remain a substrate of the new system. "The path has led us to the creation of 20 supply chains, of which 17 speak of manufacturing, because manufacturing is our heart", explains the president of Confindustria Emilia Alberto Vacchi. "We presented the first draft...

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18 June 2018
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Investments and Infrastructures, Fund, Favorable Opinion, Cons. St., sect. cons. normative acts, 12 June 2018, n. 1529

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Consultative Section for Regulatory Acts The Council of State has given its favorable opinion on the scheme of d.P.C.M. allocation of the fund for investment financing and infrastructure development of the country Funding from 2017 to 2032 The institution of the Fund for the financing of investments and the infrastructural development of the Country and its refinancing. Reference sources. The 2017 Budget Law (December 11, 2016, No. 232), in paragraph 140, established a Fund, called "Fund for the financing of investments and infrastructural development of the country", in the estimate of the Ministry for the Economy " , which - as will be better specified...

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16 June 2018
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Administrative, Contracts of the Public Administration, Availment, Possession of requirements integrating the technical-professional and economic-financial capacity,Indication technical reference with reference to the experiential requirements, Sufficiency, Regional Court of Administrative Justice of Trento, Unique Section, ruling 11 June 2018, n. 128

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Distinction between availing c.d. of guarantee and availment c.d. technical or operational The TAR recalled Cons. St., sect. V, 28 February 2018, n. 1216 It is legitimate the contract of availment for the possession of requirements integrating the technical-professional and economic-financial capacity that, with reference to the experiential requisites characterized by abstraction, indicates a technical referent, as it is not necessary to make available means and equipment ( 1). (1) He recalled the Tar that the jurisprudence has on several occasions dealt with the distinction between c.d. of guarantee and availment c.d. technical or operational, on which the parties have extensively discussed in...

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16 June 2018
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Administrative Process, Evidence, Verification, Binding for the Board of Judges, Exclusion, Regional Court of Administrative Justice of Trento, Single Section, Judgment no. 135 of 14 June 2018

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The verification ordered by the Board does not bind with regard to the considerations to be drawn from the data established, but provides only elements of fact, the consequences of which are up to the Judge (1). (1) The Trga Trento has clarified that in the event of verification of an appeal in the field of public procurement, the examination of the verifier must remain restricted to the single contract subject to the judgment, while the considerations regarding the overall stability of the company strategy competitor company, extended to the acquisition of further orders, can not be considered for the purpose...

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16 June 2018
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Administrative, Contracts of the Public Administration, Subcontracting, Quotas, Limits pursuant to art. 118, Legislative Decree no. 163 of 2006, Compliance with European regulations, referral to the EU Court of Justice, Cons. St., sect. VI, ord., 11 June 2018, n. 3553

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Treaty on the Functioning of the European Union (TFEU), Legislative Decree. 12 April 2006, n. 163, EU Directive 2004/18 and EU Directive 2014 /24 The question of whether the principles of freedom of establishment and freedom to provide services, referred to in articles 2, must be referred to the Court of Justice; 49 and 56 of the Treaty on the Functioning of the European Union (TFEU), art. 25 of Directive 2004/18 of the European Parliament and of the Council of March 31, 2004 and 71 of Directive 2014 // 24 of the European Parliament and of the Council of February 26,...

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07 June 2018
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Companies, Financial, Capital Markets, Crowdfunding, Proposal for a Regulation of the European Parliament and of the Council on European Crowdfunding service providers for companies

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Reasons and objectives of the proposal The Commission today adopted a package of measures aimed at deepening the Capital Markets Union and the communication "Completing the Capital Markets Union by 2019. It is time to accelerate the realization ". In addition to this proposal, the package includes a proposal for an EU reference framework on covered bonds, a proposal to facilitate cross-border distribution of investment funds, a proposal on the law applicable to the non-transferability to third parties of the transfer of receivables and a communication on the law applicable to the property effects of securities transactions. This initiative is part of the creation...

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05 June 2018
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Companies, Financial, Stock Exchange, Growth Markets for SMEs, Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) no. 596/2014 and (EU) 2017/1129 for the promotion of the use of growth markets for SMEs

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Reasons and objectives of the proposal Expanding access to market-based funding sources for European companies at every stage of their development is a fundamental objective of the Capital Markets Union (UMC). Since the launch of the Action Plan for Capital Markets Union, the European Union has made significant progress to increase funding sources as companies expand and increase the availability of market-based funding across the board. 'EU. New rules are already in place to stimulate the investment of EU venture capital funds (EuVECA) in start-ups and small and medium-sized enterprises. Together with the European Investment Fund, the Commission has also launched a pan-European venture...

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