News – Law Firm Mazza

15 May 2018

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Administrative, Contracts of the Public Administration, Purchase or Lease of Buildings, Applicable Principles, Art. 4, Legislative Decree no. 50 of 2016, Council of State, Special Commission no. 01241 of 10/05/2018

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The Council of State has issued an opinion on the regulation of contracts for the purchase or lease of properties Article. 4, legislative decree 18 April 2016, n. 50, as amended by art. 5, legislative decree 19 April 2017, n. 56, read in conjunction with the art. 17, lett. a) of the same Code of the contracts implies that with reference to the contracts "concerning the purchase or the lease, whatever the financial modalities, of land, existing buildings or other real estate or concerning rights on such assets" respected the principles of "cheapness, effectiveness, impartiality, equal treatment, transparency, proportionality, publicity, environmental...

14 May 2018

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Banking and Companies, Guarantees and Credit to Companies, Agreement on new guarantees on loans, Use of the new guarantee figures introduced by Decree Law 59/2016

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With the signing of Alleanza delle Cooperative, Casartigiani, CLAAI, Confagricoltura, Confapi, Confartigianato, Confcommercio, Confedilizia, Confesercenti and Confimi Industria, the organization of the organizations adhering to the agreement promoted by ABI and Confidustria, defined under the patronage of the Ministry of Economics and Finance, to make the guarantee system more flexible, accelerate credit recovery times and ensure better credit service to businesses. The initiative gives strength to the commitment to promote the use of the new guarantee figures introduced by Legislative Decree 59/2016: the suspensively conditioned transfer of an immovable property (so-called Patto Marciano) and the non-possessory securities pledge. In particular, for the...

12 May 2018

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Environment, Companies, Banking, Climate Change and Agenda 2030, Framework Agreement

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Cassa Depositi e Prestiti With the aim of following up the commitments foreseen by the Paris Agreement on climate change and the Agenda 2030, on 4 May 2018 the Director General for Sustainable Development, for environmental damage and for relations with the European Union and the International Bodies, Francesco La Camera and Dr. Antonella Baldino, Chief Business Officer of Cassa Depositi e Prestiti, signed a framework agreement for the establishment of a common platform called Climate & Sustainable Development Italian Platform ", with the aim to support projects and initiatives to mitigate and adapt to climate change, primarily in developing countries...

11 May 2018

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Administrative, Contracts of the Public Administration, Exclusion from the tender, irregular Durc, Cons. St., sect. V, sentence 26 April 2018 n. 2527

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Contracts of the Public Administration - Exclusion from the tender - Irregular durc - Immediate exclusion - Irregular irregularity of an auxiliary company - Article 89, paragraph 3 of Legislative Decree no. 50 of 2016 - Regularization of the auxiliary company - Limits. Compensation for damages - Contracts of the Public Administration - Damage of favorable chance loss - Quantification criterion. Pursuant to art. 89, paragraph 3, legislative decree 18 April 2016, n. 50, the principle, according to which the contracting authority that, upon verification of the possession of the declared requisites, receives from the social security agency communication of irregular durc...

05 May 2018

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Companies, Financial, Stock Exchange, Italian eyewear, World Primacy, 90% Export for 3.7 billion euros total

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The Italian eyewear sector is confirmed as the first in the world, above all thanks to exports. With a largely inactive trade balance (2,484 million euro for the export-import balance), Italy also confirms its leadership in the global eyewear sector in 2017. A success largely achieved thanks to exports, for which 90% of production is destined, for a total of 3.7 billion euro, with a growth of + 3.2% (2017), according to the latest data from Anfao (National Association) Manufacturers of Optical Articles). The most "loyal" glasses made in Italy? Europeans and Americans, which respectively account for 50% and 31.5% of the sector's...

05 May 2018

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Companies, Financial, Stock Exchange, Funds, Mechanics, Italian Excellence, Total turnover of over 46 billion euros

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Italian factory, Innovation, Boosted by Industry 4.0, Business Integrations Among the strongest sectors in the sector we find those of hydraulics and hydraulics Mechanics has always been the driving force of Italian industry. And the hydraulic and hydraulic pumps sector represents a real excellence thanks to the push of the Interpump colossus With a total turnover of over 46 billion euro, for more than 210 thousand employees (data Anima-Federation of the National Associations of Mechanical Industry varies and similar), mechanics is confirmed the flagship of Italian industry, thanks also to the boost given by Industry 4.0, industrial automation linked to the "digital revolution". Among the...

30 April 2018

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Financial, Stock Exchange, ATFund, Funds, Listed Open Funds, big opportunities, “private” dimension

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ATFund is the Borsa Italiana market dedicated to trading open listed funds. ATFund guarantees efficiency, transparency and ease of access and negotiation to investors in collective asset management instruments. Purchase the funds directly on the price list without going through the network In the long run, the reduction of costs can improve the return on investment. "The magic of compounding" And essential lines by Giuseppe Ganci, Chief Investment Officer. Benefits offered by the listing of funds: "It gives us access to a large audience of investors, to whom we offer lower costs and quality in management; the cut is quite "private": the funds are at the service of...

30 April 2018

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Companies, Agri-food sector, Transparency of agri-food markets, single commissions established, Directorial decrees of 19/04/2018

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With the directorial decrees of the Ministry of agricultural policies, together with the Ministry of Economic Development of 19 April, the first 5 Single National Commissions - CUN were established, relating to some of the most representative sectors of the Italian agri-food sector, renewed and aligned with the legislation introduced in 2015. For the already existing Commissions the provisions on the matter have been implemented aimed at ensuring greater transparency in contractual relations between market operators and in developing a single indicative price at national level, using the secretariat assigned to Borsa Merci Telematica Italiana scpa - BMTI . Since the start...

26 April 2018

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Administrative, Procedure, Reference for a preliminary ruling to the EU Court of Justice, Court decision, Consequence on the decision of the national court, Tar Catanzaro, sect. I, 16 April 2018, Judgment no. 878

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Consequence on the decision of the national judge of the ruling of the EU Court of Justice The preliminary reference system referred to in Article 267 TFEU clearly divides the tasks of the authorities, giving the EU Court of Justice the role of interpretation of EU law, without attributions in the resolution of the case, and to the national judge the decision-making role of the controversy by virtue of the procedural emergencies and of the internal law, possibly through the non-application of the national law contrary to the law of the union (1). (1) He clarified the Tar that, with the return...

26 April 2018

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Administrative, Building, Building Permit, Building Assessment, Subject to Suspension or Termination, Exclusion, Cons. St., sect. IV, 19 April 2018, Judgment no. 2366

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Nature of non-negotiating settlement of the provision The building permit can not be submitted on condition, unless it is required by law The building permit can not be subjected to conditions, whether suspension or termination, given the nature of a non-negotiating assessment of the provision, with the consequence that this title, once it is verified compliance with the current planning regulations, must be released from the Municipality without conditions that are not expressly provided for by a law (1). (1) He recalled the Section that only with specific and limited reference to the hypothesis of the permit conditional on the acquisition of an...