News – Law Firm Mazza

12 December 2023

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Administrative, Public Contracts and Public Administration Obligations, Service Procurement, Council of State, Section V, Order no. 10530 of 05 December 2023

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Public contracts and public administration obligations - Service procurement - Standardized and labor-intensive characteristics - Lowest price award criterion - Prohibition Prohibition on the provision of the criterion for awarding the lowest price and types of service contracts It is referred to the EU Court of Justice, pursuant to art. 267 TFEU, the following preliminary question: "whether the principles of freedom of establishment and freedom to provide services, referred to in articles. 49 and 56 of the Treaty on the Functioning of the European Union, as well as the Euro-unitary principle of proportionality and art. 67, paragraph 2, of Directive 2014/24/EU preclude...

21 November 2023

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Financial, Sustainable Investments, Cryptocurrency Assets, Trends

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Consob's annual report 'Main trends in sustainable investments and crypto-assets' The high volatility of cryptocurrencies is increasingly characterized as a structural fact of this type of asset, whose market value, in September 2023, was more than 50% lower than that at the end of 2021. There also remains a high vulnerability to cyberattacks, with approximately $3.8 billion stolen globally in hacker attacks in 2022, up from $3.3 billion the previous year. These are some of the most significant data from Consob's annual report 'Main trends in sustainable investments and crypto-assets', now in its second edition. The same survey also confirms the tendency of...

16 November 2023

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US Industry, October 2023 Industrial Production.

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US, October industrial production -0.6% m/m, manufacturing -0.7%. Industrial production in the United States was worse than expected and, in October 2023, recorded a negative variation of 0.6% on a monthly basis, after the variation of +0.1% in the previous month (data revised from a preliminary estimate of + 0.3%) and compared to the -0.3% expected by analysts. On an annual basis there was a decrease of 0.7%. Manufacturing production recorded a decline of 0.7% (-0.3% consensus expectations) which compares with + 0.2% in September (data revised from a preliminary of + 0.4%). Over the same period, capacity utilization relative to all industrial sectors decreased to 78.9%, lower...

10 November 2023

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Copyright, Generic professional qualifications, Music consultant for television broadcasts, Civil Court of Cassation, Labor Section, Interlocutory Ordinance no. 28928 of 10/18/2023

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Legal qualification, Cass. n. 21829/01 Passim Functional activity for the creation of a show Entertainment workers belonging to the second group, that is, according to Cass. 21829/01, workers with generic professional qualifications - in this case musical arrangers/consultants for some television broadcasts - whose activity is however functional to the creation of a show. The figure of musical arrangers/consultants does not fall into any of these categories, instead being part of the second group of entertainment workers, as mentioned above. The special rule, aimed at reducing litigation, evidently concerning only workers in categories 1-14, cannot be applied beyond its scope, and therefore remains irrelevant in...

10 November 2023

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Italian manufacturing industry, Industry 5.0, market trends recorded from 2022 to the first months of the current year with forecasts on the overall trend for 2023

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Industrial factory and process automation Observatory of the Italian automation industry 2023 Very positive photograph of the Industrial Factory and Process Automation sector which saw growth in terms of turnover of 22% compared to the previous year in 2022, leaving behind the unexpected difficulties that began in 2020" - states the President of Anie Automation. Having overcome and capitalized on the discontinuities that have shaken the sector in recent years, the Italian manufacturing industry is now experiencing the beginning of a new era also prompted by the indications of the European Commission which want an evolution of the now consolidated "Industry 4.0" model...

27 October 2023

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Industrial Property, Patents, Trademarks and Start-up Financing

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A new study finds that start-ups that own patents and trademarks are 10 times more successful in raising funding. Ownership of intellectual property (IP) rights improves start-ups' ability to raise funds, particularly for deep tech sectors with higher capital needs. The biotechnology sector leads the way in the use of patents and trademarks, with almost half of the sector's start-ups aiming to obtain these essential rights. The highest numbers of start-ups submitting patent and trademark applications are recorded in Austria, Switzerland, the Czech Republic, Germany, Finland, France and Italy. Munich, 17 October 2023 – The European Patent Office (EPO) and the European Union Intellectual...

27 October 2023

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Intellectual Property, Copyright; Creative act, Protection of intellectual property, Court of Florence 19 May 2023

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Art. 1 LDA and art. 2575 c.c. The copyright law does not ensure the protection of simple ideas, information, opinions and theories expressed in the work (as also clarified in art. 9, paragraph 2 of the TRIPS Agreement, in art. 2, n. 8 L. n. 633/41 and in DCE nos. 1991/250 and 1996/9, respectively on the subject of computer programs and databases), but only to the related expressive forms, i.e. to their external concretization, understood as representation in the external world of a content of ideas, facts, sensations, reasoning, feelings, so that the intellectual work is protected only as an expression,...

27 October 2023

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Corporate, Merger by incorporation, Circulation of shares, Court of Florence 29 May 2023

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Hypothesis of transfer of shareholdings by merger By virtue of the principle of free transferability of shareholdings, any exception to the free circulation dictated by the statute for inter vivos transfers cannot be extended analogically to the case in which the transfer derives from the transmission of shareholdings by merger, following the transfer of the same from the incorporated shareholder to the third party incorporating. Source: Business Law Michele Greggio ...

27 October 2023

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Administrative, Cultural, landscape and environmental heritage, Superintendency, Landscape authorization, Silence assent, Council State, Sec. IV, 02 October 2023 Judgment no. 8610

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On the applicability of silent consent referred to in art. 17-bis l. n. 241 of 1990 also to the opinion given by the Superintendence Section IV highlighted that: a) the institution of horizontal silence assent is also applicable to the opinion of the Superintendence; b) the opinion of the Superintendence given late in the context of a services conference is tamquam non esset; c) the text of the law, especially when formulated through the so-called technique for analytical cases, provides the measure of judicial discretion; it, as has been authoritatively observed, represents the fixed point from which it is necessary to move on in...

28 September 2023

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Administrative, Public health, Accreditation, Motivation, Selective procedure, TAR Napoli, section I, 08 May 2023 Judgment n. 2806

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On the reasons for the denial of accreditation Since the accreditation attributes to its holder a competitive function of added value compared to other private operators, the denial of the relevant application cannot be based only on the detected saturation of the requirement, given that this saturation may depend on completely temporary contingencies and cease shortly after the denial, allowing the acceptance of a similar request subsequently presented by another operator; a periodically renewed evaluation is therefore necessary and open to comparison, between those who are already accredited and those who aspire to be so (1). Compliant: T.a.r. for Sicily, Catania, sec....