“Social clauses” ‒be they provided by law or by contract‒ impose on contractors the duty to absorb and employ the workers of the outgoing contractor in case of termination of the previous procurement contract, by virtue of the principle of safeguarding occupational stability as set out at Community level (Dir. 2014/24/EU and Dir. 2014/25/EU). Such…
Perhaps not everyone knows that Art. 5-ter of Italian Decree-Law 1/2012 (converted into Law 62/2012) allows companies to request and obtain from AGCM (the Italian Antitrust Authority) the attribution of a legality rating. Through such certification, companies having certain requirements are able to obtain many competitive advantages and economic benefits which their unrated competitors do…
It is an established practice of some employers to grant their employees pay rises and/or “adjustments” through the provision of so-called travel allowances which ‒ unlike the normal pay ‒ benefit from reduced social security contributions. However, what may be considered as an immediate economic saving implies the risk for the Company of being ordered…
In recent years the constant search for new forms of local financing has prompted Italian municipalities to increase taxes on waste. An unusual succession of different regimes has taken place (TARSU, TARES, TARI), which have not always been provided with clear legal references and have indeed been characterized by significant uncertainties of interpretation. The above…
The extension of the dispute to third parties involved for various reasons in the case is no longer a certainty. Throughout the years at the Court of Bologna the Firm has observed the consolidation of case-law which ‒modifying the traditional interpretation of Article 269 of the Italian civil procedure code‒ rejects the applications for third…
The Trieste Criminal Court granted the application for stay of proceedings with messa alla prova (a kind of probation) of a young man, charged with the offence of driving under the influence of alcohol provided for and punished by art. 186, para. 2, letter. b) of the Codice della Strada (Italian Highway Code). In the…
Obtaining funding is becoming increasingly difficult for enterprises due to the current crisis. It is therefore clear that it really is a pleasant surprise when the funding reaches the company directly with a very attractive proposal and a simple contract. It goes without saying that the above circumstances should set the first alarm bell ringing…
The ample recourse to the system of guarantees (fideiussioni) to secure credits resulting from business activities goes hand in hand with the ever increasing phenomenon of the unlawful issuance of guarantees by non qualified parties. It often happens that in the negotiation of contracts with new partners, apparently suitable guarantees are acquired but, at a…
Faced with deciding on a controversy between consumers and banks, on 28 January the Tribunale di Verona raised a question of interpretation of European Union Law -regarding the likely concurrence between mandatory mediation and alternative dispute resolution for consumers- referring the case to the European Court of Justice. In the Italian legal system there are…
With regard to mandatory mediation, we are once again witnessing a conflict of case law. Two recent decisions, one by the Consiglio di Stato and one by the Tribunale di Firenze, have adopted two different interpretations of the correct application of the institute. After reading the two judgments, one is naturally led to wonder whether…