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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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01 June 2018
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Environment, Sustainable Development, Memorandum of Understanding, Italy and Tunisia

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The Italian Ministry of the Environment and the Ministry of Agriculture, Agricultural Resources and Fisheries of the Tunisian Republic yesterday signed a Memorandum of Understanding for cooperation in the field of Sustainable Development in Rome. According to the Protocol, Italy and Tunisia commit themselves to contribute to the objectives of emission reduction and adaptation to climate change set by the Tunisian Government (Nationally Determined Contributions - NDCs) through projects in the sectors of agriculture, fisheries, water resources and ecosystems . The Protocol is the most recent stage in a long collaboration between the Italian Ministry of the Environment and the Tunisian institutions...

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31 May 2018
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Administrative, Energy, Renewable Sources, Wind Farms, Tar Bari, sec. I, 24 May 2018, n. 737

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Alternative Renewable Energies Imposition of economic charges for the installation of a wind farm Electricity - Renewable sources - Wind farms - Installation of the Municipality - Imposition of economic charges - Exclusion. For the purpose of installing the cd. wind farms in the municipal area, the City can not impose any purely economic-patrimonial burden on the owner of the plant, as only the State and the regions can, if anything, provide for compensatory measures, never purely economic, and only environmental and territorial, taking into account both the main characteristics and the size of the wind farm, and its environmental and territorial impact...

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30 May 2018
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AGCM Resolution of May 15, 2018, n. 27165, Implementing regulation regarding legality rating, Competition Authority and Market Authority

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The new regulation implementing the Legality Rating is in force (pursuant to Article 5-ter of the decree of 24 January 2012, No. 1, as amended by Article 1, paragraph 1-quinquies, of Decree-Law 24 March 2012, No. 29, converted, with amendments, from the law of 18 May 2012, No. 62) Resolution of May 15, 2018, n. 27165 (G.U. of 28 May 2018, No. 122, AGCM Bulletin of 28 May 2018, No. 20) The new regulation implementing the Legality Rating replaces the previous Regulation approved with the Authority's resolution of 13 July 2016, n. 26166 and published in the Official Gazette no. 213, 12 September...

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29 May 2018
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Company Income, Leasing Fees, Pre-financing Fees and Interest Payable, Deductibility, Court of Cassation, V Section Trib., Judgment n. 8897 of 11/04/2018

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In the case of transferable leasing, the pre-financing fees and the interest payable, paid before delivery, must also be considered as belonging to the asset for which they were incurred, and therefore, as "directly attributable charges", they do not avoid the principle of competence, but must be deducted "pro rata" using the accounting technique of the deferral, for the entire duration of the contract, from the moment of delivery. Source Supreme Court of Cassation...

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