News – Law Firm Mazza

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...

15 January 2018

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Banking and Financial, Start up Incubator, presentation of eight new startups in the insurance fintech

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Digital Magics presents eight new startups in the insurance fintech. The stock reacts positively and rises to 8.8 euros, with trade also on warrants. The Magic Wand program that will start in a week is supported, among other things, by large banks, starting from Intesa Sanpaolo, BNL, Sella lab and Poste Italiane group. The relative majority shareholder in the incubator, Tamburi Investment Partners, in maneuver on the stock. In a session with the index always upward, it was distinguished, especially for the trade on the warrant (+3.7), Digital Magics, the startup incubator, whose stock rose 3.8% to 8, 8, euro, which compares...

15 January 2018

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Industrial and intellectual property, Start-ups and innovative SMEs, Opinion of the General Manager Mise of 2 January 2018, requirement of industrial property rights

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Opinion to private, 2 January 2018, prot. 513 The opinion states that the so-called ornamental models, although envisaged by the ICC, do not fall within the definition of a property right by the regulations concerning start-ups and SMEs. Industrial and intellectual property Source Ministry of Economic Development parere mise del 02 gennaio 2018 modello_ornamentale_PMI ...

22 December 2017

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Company, Organization, business productivity, smart working formula or agile work

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Smart working, Ferrero extends the pilot project to 350 employees After the positive results of the first test phase, which involved 100 workers, the Alba company will allow another 250 employees to work from home one day a week. Work from home at least one day a week instead of going to the office. It is the so-called smart working or agile work. In Italy there are already many large companies involved. 250 thousand "smart" workers, according to data from the Milan Polytechnic Observatory. A number destined to grow, as shown by the choice of Ferrero. The company, which had launched a pilot project for...

20 December 2017

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Financial, Ftse Italia Brands, New index on the Italian stock exchange, € 110 billion of market capitalization, not only the typical characteristics of investability (capitalization, free float, liquidity) but above all intangible assets such as perception of the brand and distinctive positioning with respect to competitors

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Ftse Italia Brands, the made in Italy team at Piazza Affari. A new index is born in the Italian Stock Exchange which includes the 22 listed companies included in the Italian Listed Brands window, and already included in the Ftse Italia All-Share. To characterize and share the stocks chosen by industrial and financial analysts, both Italian and international, there are not only the typical characteristics of investability (capitalization, floating, liquidity) but above all intangible assets such as brand perception and distinctive positioning with respect to competitors. There are two sectors of greater weight in the new index, the automotive and personal...