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26 April 2018
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Administrative, Procedure, Reference for a preliminary ruling to the EU Court of Justice, Court decision, Consequence on the decision of the national court, Tar Catanzaro, sect. I, 16 April 2018, Judgment no. 878

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Consequence on the decision of the national judge of the ruling of the EU Court of Justice The preliminary reference system referred to in Article 267 TFEU clearly divides the tasks of the authorities, giving the EU Court of Justice the role of interpretation of EU law, without attributions in the resolution of the case, and to the national judge the decision-making role of the controversy by virtue of the procedural emergencies and of the internal law, possibly through the non-application of the national law contrary to the law of the union (1). (1) He clarified the Tar that, with the return...

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26 April 2018
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Administrative, Building, Building Permit, Building Assessment, Subject to Suspension or Termination, Exclusion, Cons. St., sect. IV, 19 April 2018, Judgment no. 2366

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Nature of non-negotiating settlement of the provision The building permit can not be submitted on condition, unless it is required by law The building permit can not be subjected to conditions, whether suspension or termination, given the nature of a non-negotiating assessment of the provision, with the consequence that this title, once it is verified compliance with the current planning regulations, must be released from the Municipality without conditions that are not expressly provided for by a law (1). (1) He recalled the Section that only with specific and limited reference to the hypothesis of the permit conditional on the acquisition of an...

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21 April 2018
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Special Companies, Public Economic Bodies, Contracts, Form, Judgment in the United Sections, Court of Cassation, III Civ. Section, Order n. 3566 of 14/02/2018

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Question referred to the judgment of the United Sections Establishing whether the contractual will of special companies owned by the State or public bodies must (or not) necessarily be written down is a matter of particular importance. - Special companies (defined as independent business structures with respect to the advertising organization) of local authorities are public economic bodies subject to public law rules as regards their internal organization and to private law regulations regarding the economic activity from the same outstanding. Reforming the first sentence, the Court of Appeal rejected the opposition basing on the jurisprudence of the United Sections of this Court...

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21 April 2018
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Company Law, Banking, Corporate Mergers, Current Account Remittances, Bank account balance pledge, Court of Cassation, I Civ. Sec., Order n. 5481 of 07/03/2018

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Current account repayments, mergers between companies, irregular pledges or regular pledges. In terms of fusion, as stated among the last ones in the pronunciation 1376/2016, referring to the pronunciation of the Sec. 19698/2010, regarding the merger, art. 2504 bis of the Italian Civil Code, introduced by the reform of company law (Legislative Decree No. 6 of 2003), has an innovative and non-interpretive nature and, therefore, the principle, which can be deduced from it, whereby the merger between companies results in an affair merely evolving - modifying the same legal entity, which retains its identity, even in a new organizational structure, does not...

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20 April 2018
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Company Law, Banking, Trust Company, Bank Escrow, Escrow Agreement, Court of Cassation, I Civ. Sec., Order n. 7364 of 23/03/2018

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Injunction of payment to the fiduciary company, principal debtor, and to guarantors. On the basis of the application the bank placed a provisional contract and the guarantees issued; the loans granted were requested based on the existence of an escrow agreement set up at a foreign bank with trust funds; escrow agreement non-existent; conferment of the management of the escrow agreement in fiduciary administration. Source Supreme Court of Cassation...

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17 April 2018
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Financial, Stock Exchange, Telematic systems on ETFPlus, Return of equity, bond or commodity indices, Trading record on ETFPlus in the first quarter of 2018

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Historical record of turnover traded per quarter: € 31.22 billion - Historical record of exchanges for each session on 6 February: 53,649 contracts for a total countervalue of 1.58 billion euros - Historical value record exchanged with RFQ functionality in March alone, with € 727.7 million Also the beginning of 2018 sees Borsa Italiana a leader in Europe for contracts traded on telematic systems on ETFPlus. Since the beginning of the year, 66 new instruments have been listed on ETFplus, of which 63 ETFs and 3 open funds for a total of 1250 instruments available on the market at the end of March. This first...

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14 April 2018
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Administrative, Transportation, Tpl Resources: MIT’s notice addressed to cities to present projects

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Normative reference Law 27.12.2017, n.205, to the art. 1 paragraph 1072, which refinanced the Investment Fund, established pursuant to Law 11.12.2016, n. 232, art.1 paragraph 140. Therefore, additional resources have been made available for the sector of mass rapid transport systems to fixed installations. Published the indications to Metropolitan cities and Municipalities to contribute to the resources of the 2018 Budget The notice addressed to Metropolitan Cities and Municipalities has been published to present projects for rapid mass transportation systems, which contribute to obtaining the resources envisaged by the Investment Facility just refinanced by the Budget Law 2018. The aim of the notice is to...

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14 April 2018
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Administrative, Procurement Code, from April 18 mandatory the Single European Competition Document (DGUE) in electronic format

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The novelty introduced pursuant to art. 85, paragraph 1, of the Code of public contracts For tender procedures announced as of 18 April, the contracting stations will prepare and accept the DGUE in electronic format according to the provisions of the Prime Ministerial Decree of 13 November 2014 Starting on 18 April, the Single European Competition Document (DGUE) will have to be made available exclusively in electronic form, in compliance with the provisions of the Public Procurement Code (Article 85, paragraph 1). For tender procedures announced as of 18 April, the contracting stations will prepare and accept the DGUE in electronic format according...

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