News – Law Firm Mazza

23 January 2018

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Criminal law, German company, national objection of esterovestizione, stable organization in Italy, Directive 2011/16 / EU transposed by the d.Igs. n. 29 of 2014, criminal preventive seizure, Court of Cassation, III Criminal Section, Judgment n. 2407 of 22/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the order of the Court of the MACERATA review on 30/12/2016. BELIEVED IN FACT 1. By order of 30.12.2016, filed on 30.01.2017, the Court of the review of Macerata confirmed the decree of preventive seizure issued on 11.11.2016 by the GIP / court of Macerata, rejecting the request for re-examination proposed on 22.12.2016 in the interest of ...

23 January 2018

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Criminal law, banking, preventive penal seizure and irregular pledge granted as guarantee of a simultaneous bank advance, Court of Cassation, III Criminal Section, Judgment n. 2417 of 22/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the Ordinance of 27.10.2016 of the Court of Vicenza. BELIEVED IN FACT 1. By decree dated 30 January 2013, the G.I.P. of the Court of Bassano del Grappa, as part of a complex investigation concerning tax offenses, ordered the preventive seizure of the assets of the suspect ...

22 January 2018

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Criminal law, construction, urban planning, Court of Cassation, III Criminal Section, Judgment n. 170 of 08/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the ordinance of 08/08/2017 of the TRIB. FREEDOM of FLORENCE BELIEVED IN FACT 1. The Court of Florence, by order dated 8/8/2017 canceled the decree of preventive seizure issued by the judge for preliminary investigations of the same court on 4/7/2017, concerning a part of the portico located on the terrace panoramic ...

22 January 2018

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Criminal law, Motivations of the judgments of the two degrees of merit, A single logical-juridical entity, Congruity of the motivation, Factual Administrator and Company law administrator, Responsibility by way of competition, Subject element, eventual possible malice, Court of Cassation, III Criminal Section, Judgment n. 1590 of 16/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the decision of 26/09/2016 of the Court of Appeal of Brescia BELIEVED IN FACT 4. The defendant has put forward two grounds for appeal. 4.1. With the first plea he deduced the omitted assessment of the defensive claims, so that the provision had a mere appearance of motivation, based on the sole observation that the defendant was the legal representative of the company. In particular, the preliminary investigation had confirmed the absence of proof of awareness on the part of the accused, while the generic extenuating circumstances had been denied solely on...

20 January 2018

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Criminal law, Protection of health and safety in the workplace, Temporary construction site, lack of company documents related to the information of the risk assessment for workers, Court of Cassation, III Criminal Section, Judgment n. 778 of 11/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the sentence of 8.3.2016 of the Court of Brindisi BELIEVED IN FACT With a sentence dated 8.3.2016, the Court of Brindisi condemned ...

20 January 2018

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Criminal law, jurisprudential contrast, exclusively objective or subjective nature, question of right remitted to the United Sections: “If, for the purposes of configuring the teleological connection provided for by article 12, paragraph 1, letter c), code proc. pen., whether or not the identity between the perpetrators-offender and those of the crime-end is required “, Court of Cassation, Sec. Crim. A., Judgment n. 53390 of 26/10/2017

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The following principle of law is set out: The United Sections consider the solution proposed by the referring Section to be shareable, in line with the currently minor jurisprudential case, according to which, in the case of teleological connection as per art. 12, paragraph 1, lett. c), cod. proc. pen., the identity between the authors of the crime-half and those of the crime-end is not required. Essential lines of the arguments of the Supreme Court of Cassation on the conflict of jurisdiction raised by the judge of the preliminary hearing of the Court of Bari against the judge of the preliminary hearing of...

19 January 2018

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Personal guarantees, Letters of patronage, Guarantee commitments with banks, debts contracted by commercial companies, insurance company, company by-laws, admissibility of single guarantees, Civil Court of Cassation, Sec. 1, Ord. n. 384 of 10/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation against sentence no. 4562/2010 of the CORTE D'APPELLO of ROME, filed on 08/11/2010 FACT AND LAW 1.- The ...

19 January 2018

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Administrative and Ordinary Jurisdiction, Contract, public services, ordinary jurisdiction, moment of establishment of said legal relationship of common law to become the watershed between the two jurisdictions, as the first act belonging to the ordinary, within which it falls under the discipline art. 1321 c.c. and segg, Civil Cassation, Sec. Un., Judgment n. 895 of 16/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation appeal against sentence no. 5356/2015 of the COUNCIL OF STATE, filed on 25/11/2015. BELIEVED IN FACT The ...

18 January 2018

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Unfair competition, assessment of unfair competition, use of distinctive signs, servile imitation, transfer of employees, Civil Cassation (ord.), Sect. I, 15/11/2017, n. 27144

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Essential lines of the arguments of the Supreme Court of Cassation Regarding the criterion for investigating the existence of unfair competition, this Court, in a recent but never denied judgment, stated that the judgment on the existence of unfair competition must not be analytical and limited to each individual act, but must extend, in one unitary and overall vision, the overall behavior of the agent and the harmful repercussions that have occurred or that can occur in the industrial and commercial sphere of others (Court of Cassation Section 1, Judgment No. 2130 of 29/07/1963). It can therefore certainly agree with the applicant...

17 January 2018

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Contracts of the Public Administration – Telematic race – Lists of workings and supplies – Scanning of the relative form instead of the file.pdf uploaded to the system of the lists of workings and supplies – Exclusion from the tender – Legitimacy – Rescue preliminary investigation – Impossibility, Regional Court of Administrative Justice of Trento, Section One, Judgment no. 4 of 08/01/2018

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It must be excluded from the electronic tender, pursuant to art. art. 57, legislative decree 18 April 2016, n. 50, the competitor who, instead of using, to send the offer, the file.pdf uploaded to the system of the processing and supply lists, as specified by the letter of invitation, proceeded to the scanning of the form containing the aforementioned lists, compiling it and sending it to the contracting authority, without being able to resort to the preliminary investigation as the detected irregularity regards the formulation of the economic offer and affects the content of the offer, so as to have...