News – Law Firm Mazza

27 January 2018

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Criminal law, c.d. Voluntary disclosure, criminal preventive seizure, Court of Cassation, III Criminal Section, Judgment n. 272 of 09/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the order of the Court of Rome review on 26/05/2017. 1. By order dated 26.05.2017, filed on 29.05.2017, the Rome Review Court rejected the precautionary appeal presented in the interest of the suspects ...

27 January 2018

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Criminal law, De facto management, criminal preventive seizure, expert assessment incompatible with a precautionary incident, Court of Cassation, III Criminal Section, Judgment n. 274 of 09/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the order of the Court of the review of SANTA MARIA CAPUA VETERE on 15/05/2017. 2. Appealed in cassation on ...

26 January 2018

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Italian-Arab companies, the 22 countries belonging to the League of Arab States, a market that exceeds 400 million inhabitants, common strategies, a Memorandum of Understanding between the Puglia Region and the Italian-Arab Cooperation Chamber, and exports in 2017 over 106, 5 million euros

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In Puglia, the international stock exchange of Italian-Arab companies "Strategic Opportunity. We will strengthen economic relations and dialogue " The Puglia Region explores the opportunities offered by the Arab countries and signs for the first time in Italy a memorandum of understanding with the Italian-Arab Chamber of Cooperation, the association that promotes relations between Italy and the 22 member states of the League of Arab States, a market that exceeds 400 million inhabitants. At the center of the agreement a collaborative path to develop common strategies that include projects, search for funding channels, networks and commercial partnerships to carry out joint actions...

25 January 2018

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M & A, with the merger between Fs and Anas, a group of 11 billion euros is born

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Fs-Anas: as a group of 11 billion can change the Italian mobility (and not only). After the approval of the Antitrust Authority, the absorption operation of the motorway group in the Ferrovie dello Stato starts, which will also lead to 8 billion investments. And it will only be a part of the 108 billion expenditure foreseen in the 2017-2026 Business Plan. The MEF will confer its Anas shares in the share capital of Fs, 100% held by public hands. The value of the shares transferred by Anas is € 2.863 billion and thus brings the share capital of Fs to € 39.2 billion. Fs-Anas:...

25 January 2018

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SME and Financial, European definition of SMEs, AIM Italia market, New incentives for listing

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The Budget Law 2018 makes 80 million euros available in 3 years New tax incentives for the listing of small and medium enterprises in the Budget Law 2018. The Comma 89 of Article 1 of the Law of 27 December 2017, no. 205 provides that SMEs that "start a procedure for admission to listing on a regulated market or in multilateral trading systems of a Member State of the European Union or the European Economic Area is recognized, in the case of obtaining admission to listing , a tax credit, up to a maximum amount of 500,000 euros, of 50 percent...

25 January 2018

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Corporate and Financial, Companies with listed shares, the new Consob thresholds for significant holdings

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The community legislation imposes the obligation to communicate to the market the shareholdings considered "significant" held in companies with listed shares. A "significant participation" is defined as the holding by a single entity of a set of shares or quotas representing a company that exceeds certain predetermined thresholds, acquiring the relevant significance. In this case, to protect the transparency and information of the market, the owner of the participation takes the obligation to make known his position taken within the company. Article 120 of the Consolidated Law on Finance (TUF) and the related implementation rules of Consob impose the obligation of disclosure to...

23 January 2018

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Criminal law, German company, national objection of esterovestizione, stable organization in Italy, Directive 2011/16 / EU transposed by the d.Igs. n. 29 of 2014, criminal preventive seizure, Court of Cassation, III Criminal Section, Judgment n. 2407 of 22/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the order of the Court of the MACERATA review on 30/12/2016. BELIEVED IN FACT 1. By order of 30.12.2016, filed on 30.01.2017, the Court of the review of Macerata confirmed the decree of preventive seizure issued on 11.11.2016 by the GIP / court of Macerata, rejecting the request for re-examination proposed on 22.12.2016 in the interest of ...

23 January 2018

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Criminal law, banking, preventive penal seizure and irregular pledge granted as guarantee of a simultaneous bank advance, Court of Cassation, III Criminal Section, Judgment n. 2417 of 22/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the Ordinance of 27.10.2016 of the Court of Vicenza. BELIEVED IN FACT 1. By decree dated 30 January 2013, the G.I.P. of the Court of Bassano del Grappa, as part of a complex investigation concerning tax offenses, ordered the preventive seizure of the assets of the suspect ...

22 January 2018

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Criminal law, construction, urban planning, Court of Cassation, III Criminal Section, Judgment n. 170 of 08/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the ordinance of 08/08/2017 of the TRIB. FREEDOM of FLORENCE BELIEVED IN FACT 1. The Court of Florence, by order dated 8/8/2017 canceled the decree of preventive seizure issued by the judge for preliminary investigations of the same court on 4/7/2017, concerning a part of the portico located on the terrace panoramic ...

22 January 2018

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Criminal law, Motivations of the judgments of the two degrees of merit, A single logical-juridical entity, Congruity of the motivation, Factual Administrator and Company law administrator, Responsibility by way of competition, Subject element, eventual possible malice, Court of Cassation, III Criminal Section, Judgment n. 1590 of 16/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the decision of 26/09/2016 of the Court of Appeal of Brescia BELIEVED IN FACT 4. The defendant has put forward two grounds for appeal. 4.1. With the first plea he deduced the omitted assessment of the defensive claims, so that the provision had a mere appearance of motivation, based on the sole observation that the defendant was the legal representative of the company. In particular, the preliminary investigation had confirmed the absence of proof of awareness on the part of the accused, while the generic extenuating circumstances had been denied solely on...