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11 June 2022
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Compliance with the Guidelines issued by ESMA on the delay in disclosing inside information to the public and interactions with prudential supervision (ESMA70-159-4966 IT), Consob

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Consob, as the competent authority for the supervision of market abuse, complies with the "Guidelines relating to the regulation on market abuse (EU) no. 696/2014 (MAR) - Delays in the public disclosure of privileged information and interactions with the prudential supervision ", published by ESMA in their final version in English on 5 January 2022, integrating them into its supervisory practices. The Guidelines, published on ESMA's website in all the official languages ​​of the Union on 13 April 2022, replace the Guidelines on delay in disclosure of inside information to the public (Doc. ESMA70-159-4966 IT), supplementing them with: i) two new...

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11 June 2022
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Public procurement, the enforcement of the provisional guarantee is allowed only against the successful economic operator, Council of State, Plenary meeting, judgment 26 April 2022 n. 7

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The Plenary Meeting of the Council of State, in relation to the corresponding question, posed by the fourth section with a non-definitive sentence of January 4, 2022, n. 26, concluded in the sense that paragraph 6 of art. 93 d. lgs. n. 50 of 2016 - in providing that the "provisional guarantee" accompanying the offer "covers the failure to sign the contract after the award due to any fact attributable to the contractor [...

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09 May 2022
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Companies, Disciplinary dismissals, Applicable protection, Contractual provision, Civil Cassation, Fourth Labor Section, Judgment n. 11665 of 11/04/2022

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The Labor Section stated that in the matter of disciplinary dismissal, in order to select the applicable protection among those provided for by art. 18, paragraphs 4 and 5, st.lav., as amended by l. n. 92 of 2012, the judge can subsume the conduct charged to the worker, and concretely judicially ascertained, in the contractual provision that, with a general and flexible clause, punishes the offense with a conservative sanction and that this operation of interpretation and subsumption does not transmit in the judgment proportionality of the sanction with respect to the disputed fact, remaining within the limits of the...

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09 May 2022
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Contracts, Financial leasing contract for a building to be built, Clauses, Transformation of the Title, Civil Cassation, Third Section, Interlocutory Ordinance n. 8603 of 03/16/2022

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The Third Civil Section has referred to the First President, for the possible assignment to the United Sections, the question of the utmost importance of particular importance if the clause of a financial leasing contract for a property to be built, which provides for the indexation of the rent at certain rates exchange rate or interest rate, integrates a "derivative" financial instrument, with subsequent applicability of the relative regulations provided for by the T.U.F. and, in any case, if - and in what way - it affects the cause of the aforementioned contract, possibly transforming it into a different atypical...

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08 April 2022
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Cinema will be the driving force behind the growth of the next few years, Minister of Culture

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Italy anticipated and crossed the explosion of the audiovisual market by renewing the legislation and improving tax incentives among the strongest in Europe. Working on new measures to strengthen and enhance cinemas. "Italy anticipated and crossed the explosion of the audiovisual market by making structural investments, such as 300 million for Cinecittà, renewing the legislation and improving the tax incentives that today, with tax credit, are among the strongest in Europe. For the cinema and audiovisual sector there is a lot of optimism for the future, it will be the driving force for growth in the coming years". Thus the Minister of Culture speaking...

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23 March 2022
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Competition, State property fees, Amendment to the Competition Bill

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A European entrepreneur will be able to compete with an Italian one, but not vice versa Pleasure ports and landings Principle of legitimate expectations of art. 1375 of the Civil Code Confindustria Nautica at the hearing in the Senate: serious concern about the impact on ports and landings of the nautical sector of the amendment filed by the Government to the "Competition" Bill. Confindustria Nautica yesterday expressed its concern in the Senate hearing about the impact of the amendment filed by the Government to the "Competition" Bill (AS 2469), the text of which also intervenes on the concessions of goods, including ports and landings...

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12 March 2022
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Banking, Contracts, Land Credit, Exceeding the financing limit, Nullity, Civil Cassation, Section I, Interlocutory Ordinance n. 4117 of 09/02/2022

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Art. 38, paragraph 2, of the legislative decree n. 385 of 1993, Consolidated Banking Act Resolution of the Interministerial Committee for Credit and Savings (CICR) of 22 April 1995 The First Civil Section, has handed over the documents to the First President, for the possible assignment to the United Sections, of the issue considered to be of the utmost importance if, in terms of land credit, in the event of exceeding the financing limit pursuant to art. 38, paragraph 2, of the legislative decree n. 385 of 1993, the contract must be considered null, with the possibility, however, of conversion into an...

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09 March 2022
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Intellectual Property, Copyright Law, SIAE Bulletin, Musical Works, Negotiation Agreement and Synchronization Rights, Court of Milan, XIV section. civ., Court of Companies, Specialized Company A, judgment no. 490 of January 14, 2021

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Copyright law of 04/22/1941 n ° 633. The rights administered by SIAE pursuant to art. 180 paragraphs 1 and 2 L.A. The discipline of art. 180 L.A. which identifies the rights administered exclusively by SIAE, does not include synchronization rights. The literal data of the law undoubtedly highlights that the brokerage of rights, exercised for the purposes referred to in paragraph 2 (granting on behalf and in the interest of those entitled to licenses and authorizations for the economic use of protected works, collection of the proceeds deriving from such licenses and authorizations, distribution of such proceeds among the entitled persons) is...

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08 March 2022
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CDP, Raw materials, analysis,

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The price increases are attributable to four types of factors: economic, structural, geopolitical, speculative. In Europe, the supply of most of the critical raw materials - those essential for the energy transition - is met by third countries. To ensure a secure and resilient supply, it is crucial to invest in innovation, diversify supplies and strengthen the circular use of resources. What factors have led to the sharp rise in raw material prices, what role will the energy transition play on future needs and what are the prospects for the European economy. These are the main issues on which the new brief from...

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