News – Law Firm Mazza

20 January 2018

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Criminal law, Protection of health and safety in the workplace, Temporary construction site, lack of company documents related to the information of the risk assessment for workers, Court of Cassation, III Criminal Section, Judgment n. 778 of 11/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the sentence of 8.3.2016 of the Court of Brindisi BELIEVED IN FACT With a sentence dated 8.3.2016, the Court of Brindisi condemned ...

20 January 2018

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Criminal law, jurisprudential contrast, exclusively objective or subjective nature, question of right remitted to the United Sections: “If, for the purposes of configuring the teleological connection provided for by article 12, paragraph 1, letter c), code proc. pen., whether or not the identity between the perpetrators-offender and those of the crime-end is required “, Court of Cassation, Sec. Crim. A., Judgment n. 53390 of 26/10/2017

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The following principle of law is set out: The United Sections consider the solution proposed by the referring Section to be shareable, in line with the currently minor jurisprudential case, according to which, in the case of teleological connection as per art. 12, paragraph 1, lett. c), cod. proc. pen., the identity between the authors of the crime-half and those of the crime-end is not required. Essential lines of the arguments of the Supreme Court of Cassation on the conflict of jurisdiction raised by the judge of the preliminary hearing of the Court of Bari against the judge of the preliminary hearing of...

19 January 2018

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Personal guarantees, Letters of patronage, Guarantee commitments with banks, debts contracted by commercial companies, insurance company, company by-laws, admissibility of single guarantees, Civil Court of Cassation, Sec. 1, Ord. n. 384 of 10/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation against sentence no. 4562/2010 of the CORTE D'APPELLO of ROME, filed on 08/11/2010 FACT AND LAW 1.- The ...

19 January 2018

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Administrative and Ordinary Jurisdiction, Contract, public services, ordinary jurisdiction, moment of establishment of said legal relationship of common law to become the watershed between the two jurisdictions, as the first act belonging to the ordinary, within which it falls under the discipline art. 1321 c.c. and segg, Civil Cassation, Sec. Un., Judgment n. 895 of 16/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation appeal against sentence no. 5356/2015 of the COUNCIL OF STATE, filed on 25/11/2015. BELIEVED IN FACT The ...

18 January 2018

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Unfair competition, assessment of unfair competition, use of distinctive signs, servile imitation, transfer of employees, Civil Cassation (ord.), Sect. I, 15/11/2017, n. 27144

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Essential lines of the arguments of the Supreme Court of Cassation Regarding the criterion for investigating the existence of unfair competition, this Court, in a recent but never denied judgment, stated that the judgment on the existence of unfair competition must not be analytical and limited to each individual act, but must extend, in one unitary and overall vision, the overall behavior of the agent and the harmful repercussions that have occurred or that can occur in the industrial and commercial sphere of others (Court of Cassation Section 1, Judgment No. 2130 of 29/07/1963). It can therefore certainly agree with the applicant...

17 January 2018

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Contracts of the Public Administration – Telematic race – Lists of workings and supplies – Scanning of the relative form instead of the file.pdf uploaded to the system of the lists of workings and supplies – Exclusion from the tender – Legitimacy – Rescue preliminary investigation – Impossibility, Regional Court of Administrative Justice of Trento, Section One, Judgment no. 4 of 08/01/2018

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It must be excluded from the electronic tender, pursuant to art. art. 57, legislative decree 18 April 2016, n. 50, the competitor who, instead of using, to send the offer, the file.pdf uploaded to the system of the processing and supply lists, as specified by the letter of invitation, proceeded to the scanning of the form containing the aforementioned lists, compiling it and sending it to the contracting authority, without being able to resort to the preliminary investigation as the detected irregularity regards the formulation of the economic offer and affects the content of the offer, so as to have...

17 January 2018

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Administrative, Damages compensation – Contracts of the Public Administration – Non-contractual liability – Art. 2043 – Theory of hypothetical alternative causality – Configurability – Limits, Cons. St., sez V, 11 January 2018 n. 118, Contrast of jurisprudence – Remission to the Plenary Meeting

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Compensation for damages - Contracts of the Public Administration - Compensation from loss of chance - Awarding without tender - Business in the sector - Compensation for damages - Contrast of jurisprudence - Removal at the Plenary Meeting At the Plenary Meeting the compensation for damages in case of award of the contract without tender With regard to civil liability, in particular regarding non-contractual liability pursuant to art. 2043 c.c., in whose paradigm the responsibility of the Public Administration for provisional illegitimacy can be classified, the c.d. hypothetical alternative causality theory is relevant only in relation to the omissive offenses, for which...

16 January 2018

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Banking and Financial, ACF, College, Arbitrator for Financial Disputes, Rome, Decision no. 196 of 16 January 2018, configurability of a breach by the intermediary of the obligations inherent to the provision of investment services, sub specie of incorrect processing of a sales order

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DONE 1. The dispute referred to the Board of Statutory Auditors concerns the configurability of a breach by the intermediary of the obligations inherent to the provision of investment services, sub specie of incorrect treatment of a sales order. 2. The Complainant, through the prosecutor, claims to be the holder of n. 1,764 Intermediary shares, for a total of € 110,250.00 invested, deposited in a securities fund and reports that he went several times during the months of February - March 2014 to the Intermediary to request the sale. On 2 April 2014, it then submitted a formal request for transfer, which...

16 January 2018

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Banking and Contracts, Competition, Conclusion of contracts “downstream” of unlawful agreements, nullity, prior to verification by the System Authority, subsistence, Civil Cassation, First Section, Order no. 29810 of 12/12/2017

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In terms of anti-competitive agreements prohibited by art. 2 of the l. n. 287 of 1990, the stipulation "downstream" of contracts or shops that constitute the application of illicit agreements concluded "upstream" also includes contracts stipulated prior to the establishment of the agreement by the independent Regulatory Authority or the control of the market, provided that the agreement was put into place physically before the shop reported as null, also considering that fall under the anti-competitive discipline all the subsequent events of the relationship that constitute the creation of distortive profiles of competition. Source Supreme Court of Cassation...

16 January 2018

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Companies, Women’s Management, Finance increasingly interested in gender diversity

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Forum for Sustainable Finance 16 Jan 2018 Investor activism on the front of female inclusion in company management is growing. 217 years. It is the time it will take to bridge the gap between participation, opportunity and pay between men and women in the world of work according to the latest "Global Gender Gap Record 2017" of the World Economic Forum (WEF). The WEF underlined how the progress of gender equality in the economic field would benefit the welfare of the entire planet: in fact, if the gender gap (today at 58%) decreased to 25% by 2025, world GDP would increase by US...