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16 June 2018
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Administrative, Contracts of the Public Administration, Subcontracting, Quotas, Limits pursuant to art. 118, Legislative Decree no. 163 of 2006, Compliance with European regulations, referral to the EU Court of Justice, Cons. St., sect. VI, ord., 11 June 2018, n. 3553

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Treaty on the Functioning of the European Union (TFEU), Legislative Decree. 12 April 2006, n. 163, EU Directive 2004/18 and EU Directive 2014 /24 The question of whether the principles of freedom of establishment and freedom to provide services, referred to in articles 2, must be referred to the Court of Justice; 49 and 56 of the Treaty on the Functioning of the European Union (TFEU), art. 25 of Directive 2004/18 of the European Parliament and of the Council of March 31, 2004 and 71 of Directive 2014 // 24 of the European Parliament and of the Council of February 26,...

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07 June 2018
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Companies, Financial, Capital Markets, Crowdfunding, Proposal for a Regulation of the European Parliament and of the Council on European Crowdfunding service providers for companies

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Reasons and objectives of the proposal The Commission today adopted a package of measures aimed at deepening the Capital Markets Union and the communication "Completing the Capital Markets Union by 2019. It is time to accelerate the realization ". In addition to this proposal, the package includes a proposal for an EU reference framework on covered bonds, a proposal to facilitate cross-border distribution of investment funds, a proposal on the law applicable to the non-transferability to third parties of the transfer of receivables and a communication on the law applicable to the property effects of securities transactions. This initiative is part of the creation...

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05 June 2018
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Companies, Financial, Stock Exchange, Growth Markets for SMEs, Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) no. 596/2014 and (EU) 2017/1129 for the promotion of the use of growth markets for SMEs

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Reasons and objectives of the proposal Expanding access to market-based funding sources for European companies at every stage of their development is a fundamental objective of the Capital Markets Union (UMC). Since the launch of the Action Plan for Capital Markets Union, the European Union has made significant progress to increase funding sources as companies expand and increase the availability of market-based funding across the board. 'EU. New rules are already in place to stimulate the investment of EU venture capital funds (EuVECA) in start-ups and small and medium-sized enterprises. Together with the European Investment Fund, the Commission has also launched a pan-European venture...

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01 June 2018
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Environment, Sustainable Development, Memorandum of Understanding, Italy and Tunisia

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The Italian Ministry of the Environment and the Ministry of Agriculture, Agricultural Resources and Fisheries of the Tunisian Republic yesterday signed a Memorandum of Understanding for cooperation in the field of Sustainable Development in Rome. According to the Protocol, Italy and Tunisia commit themselves to contribute to the objectives of emission reduction and adaptation to climate change set by the Tunisian Government (Nationally Determined Contributions - NDCs) through projects in the sectors of agriculture, fisheries, water resources and ecosystems . The Protocol is the most recent stage in a long collaboration between the Italian Ministry of the Environment and the Tunisian institutions...

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31 May 2018
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Administrative, Energy, Renewable Sources, Wind Farms, Tar Bari, sec. I, 24 May 2018, n. 737

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Alternative Renewable Energies Imposition of economic charges for the installation of a wind farm Electricity - Renewable sources - Wind farms - Installation of the Municipality - Imposition of economic charges - Exclusion. For the purpose of installing the cd. wind farms in the municipal area, the City can not impose any purely economic-patrimonial burden on the owner of the plant, as only the State and the regions can, if anything, provide for compensatory measures, never purely economic, and only environmental and territorial, taking into account both the main characteristics and the size of the wind farm, and its environmental and territorial impact...

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30 May 2018
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AGCM Resolution of May 15, 2018, n. 27165, Implementing regulation regarding legality rating, Competition Authority and Market Authority

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The new regulation implementing the Legality Rating is in force (pursuant to Article 5-ter of the decree of 24 January 2012, No. 1, as amended by Article 1, paragraph 1-quinquies, of Decree-Law 24 March 2012, No. 29, converted, with amendments, from the law of 18 May 2012, No. 62) Resolution of May 15, 2018, n. 27165 (G.U. of 28 May 2018, No. 122, AGCM Bulletin of 28 May 2018, No. 20) The new regulation implementing the Legality Rating replaces the previous Regulation approved with the Authority's resolution of 13 July 2016, n. 26166 and published in the Official Gazette no. 213, 12 September...

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29 May 2018
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Company Income, Leasing Fees, Pre-financing Fees and Interest Payable, Deductibility, Court of Cassation, V Section Trib., Judgment n. 8897 of 11/04/2018

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In the case of transferable leasing, the pre-financing fees and the interest payable, paid before delivery, must also be considered as belonging to the asset for which they were incurred, and therefore, as "directly attributable charges", they do not avoid the principle of competence, but must be deducted "pro rata" using the accounting technique of the deferral, for the entire duration of the contract, from the moment of delivery. Source Supreme Court of Cassation...

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29 May 2018
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Company Law, Capital Company, Social Participations, Fiduciary Heading, Court of Cassation, I Civ. Sec., Order n. 3656 of 14/02/2018

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The Sec. 1 stated that in the case of fiduciary registration of shareholdings, the trustee, who laments that the definitive exit from the trustee company, following the failure to exercise the option right, depends on the falsity of the balance sheet, prepared by the directors and submitted to the shareholders' meeting for the abatement and reconstitution of the share capital, pursuant to art. 2447 of the Civil Code, is entitled to carry out the individual action of the third party pursuant to art. 2395 c.c. for the compensation of the damage directly caused to him by the injury to the...

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19 May 2018
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Customs Duties, Products Manufactured under Licensed Models or Trademarks, Transaction Value, License Rights, Inclusion, Court of Cassation, V Sec. Tributary, Judgment n. 8473 of 06/04/2018

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With regard to customs duties, the value of the transaction, in the case of products manufactured on the basis of models or by means of trademarks subject to a license contract, must be added to the value of the relative rights, pursuant to art. 32 EEC Reg. Council n. 2913 of 1992, as implemented by the articles 157, 159 and 160 EEC Reg. Commission no. 2454 of 1993, if the owner of the intangible rights has control over the choice of the producer and his activity and is the recipient of the fees for these rights. Source Supreme Court of Cassation...

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