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12 February 2021
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Italian Cinema Industry, Dynamics of 2021, Exploration of new business models

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An important industry hit hard by the pandemic that is restarting thanks to the health protocol for the resumption of audiovisual productions and that explores new business models. The bad news is the pandemic that has blocked television and film productions for a few months and still leaves theaters closed. The good news is that Italian cinema was in good health before the Covid-19 tsunami and that it presents itself better than others at the appointment with the profound changes in the way it is enjoyed in recent months that are expected to last even after the health emergency is over. In 2019,...

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19 January 2021
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Intellectual Property, International registered trademarks, Pre-use of the de facto trademark, Supreme Court of Cassation, First Civil Section, Judgment n. 29574 of 24 December 2020

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Passim Art. 14 of the proprietary code ind. International registered trademarks containing the geographical name; pre-use of the de facto trademark then registered; protection of the sign as a geographical indication by virtue of effective registrations in Italy; signs capable of deceiving the public, in particular on the geographical origin, on the nature or on the quality of the products or services; requests for verification of acts of unfair competition and non-fulfillment of contractual commitments undertaken; nullity due to lack of novelty of the three brands; plurality of questions; summons in reinstatement in the referral. The judgment cited opposes mere disputes such as...

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18 January 2021
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Intellectual Property, Owners of Intellectual Property Rights, Management of transmission technology patents, Verification of illegality of conduct, Jurisdiction of the Italian judge, Court of Cassation, Un. Sec. Civ., Decree n. 28675 of 15/12/2020

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Passim Regulation (EU) n. 1215/2012 Owners of intellectual property rights who intend to exploit economically by granting licenses. Verification of the illegitimacy of the defamation or denigration or unfair competition conducted by the German counterparties, which those alleged and denied offenses had placed as the basis of a press campaign or in any case on information media, including telematic ones in German, as well as of judicial initiatives, seriously damaging to reputation in a highly specialized sector such as the management of transmission technology patents; with simultaneous request for a generic sentence to pay compensation for the damage thus caused to them. Declaration of...

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09 January 2021
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Public contract, Company reserves, Security deposit, Supreme Court of Cassation, First Section, Interlocutory Ordinance of 05 January 2021 no. 25

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The First Civil Section of this Court declared the question of the constitutional legitimacy of art. 23, paragraph 2, of the l. reg. Puglia n. 13 of 2001 in the part in which it states that "If, following the registration of the reserves by the company in the accounting documents, the economic amount of the work varies in increase with respect to the contractual amount, the company is required to establish a cautionary deposit in favor of the administration equal to 0.5 percent of the amount of the presumed higher cost, to guarantee the higher costs for the administration for...

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04 December 2020
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Administrative, Administrative concession, Property claims relating to the execution of the contractual relationship, Tar Bologna, Section 1, Judgment November 28, 2020 n. 787.

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Jurisdiction - Administrative concession - Motorway concession - Property claims relating to the execution of the contractual relationship - Dispute - Ordinary court jurisdiction. The dispute concerning the claiming of property claims relating to the execution of the contractual relationship underlying a motorway concession, governed by the relevant agreement, falls within the jurisdiction of the ordinary judge, as judge of rights. The Section clarified that - according to the well-known criterion of the substantive petitum for the purpose of identifying the judge with jurisdiction (Cass. Civ., SU, 8 July 2020, n. 14231; id. 23 April 2020, n. 8098; Cons . St., section...

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19 October 2020
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Administrative, Public Administration Contracts – Procurement Rite – Announcement – Endorsement – SOA Certification, Cons. St., A.P., judgment of 16 October 2020 n. 22

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Articles 83, paragraph 8, last sentence, 84 and 89, paragraph 1, of the legislative decree n. 50 of 2016. The plenary meeting pronounces on the nullity of the clauses of the announcement and on the nullity of the subordination of the SOA attestation to the production of the SOA attestation of the subsidiary company. Partial nullity of the clause. Public Administration Contracts - Use - SOA Certification - Subordinated to the production, during the tender, of the SOA certification also from the auxiliary company itself - Nullity of the forecast. Public Administration Contracts - Use - SOA Certification - Subordinated to the production, during...

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19 October 2020
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Financial, Companies, State Aid, the EU extends the extraordinary regime

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Governments can cover up to 90% of the costs of SMEs in difficulty. In an economic context that remains dramatically uncertain and while fears of a resumption of the flu epidemic increase, the European Commission announced on Tuesday 13 October that it had extended the extraordinary regime relating to state aid rules by three to six months. 14/10/2020 Source Confindustria Emilia...

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12 October 2020
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Financial, Alternative Investment Funds, Consob

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Aifmd (Alternative Investment Fund Managers Directive) Resolution no. 21508 of 22 September 2020 Consob Regulation no. 11971/1999 (Issuers' Regulation) Consob, with resolution no. 21508 of 22 September 2020, following the consultation with the financial market, made some changes to Consob Regulation no. 11971/1999 (Issuers' Regulation) regarding the admission to trading of reserved open-ended AIFs (alternative investment funds), as well as further interventions regarding the marketing of AIFs and advertising activities. The amendments are mainly aimed at better defining the regulatory framework applicable in the event of admission to trading on a regulated market of reserved open-ended AIFs: (i) establishing when the listing prospectus is required,...

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23 September 2020
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Banking Law, Bonds, Conventional Default Interest, Supreme Court of Cassation, United Sections, Judgment of 18 September 2020 n. 19597

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The Sections U., deciding on a matter of utmost particular importance, affirmed the following principles of law: - The anti-usury discipline applies to default interest, intending to sanction the stipulation of excessive interest agreed upon at the time of signing the contract as consideration for the granting of money, but also the promise of any usurious sum is due in relation to the concluded contract. - Failure to indicate interest in arrears within the T.e.g.m. does not preclude the application of ministerial decrees, which in any case contain the detection of the average rate applied by professional operators, statistically detected in an...

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