A ruling by the Court of Cassation upholds Studio Zunarelli’s argument on insurance recourse or subrogation; senior partner Andrea Giardini defended a French haulier whose cargo was stolen. In the case that gave rise to the trial, which ended a few weeks ago before the Court of Cassation (Italian Supreme Court) with judgment no. 32918…
By order No. 37, of 23rd February 2018, the Constitutional Court declared the manifest inadmissibility of the issue of constitutional legitimacy of Article 1-bis Decree Law No. 103 of 6th July 2010, converted into law No. 127 of 4th August 2010, where it inserts Article 7-ter in the Legislative Decree No. 286 of 21st November…
Logistics processes are increasingly affected by the introduction of technological devices that are able to monitor the flow of goods, to check straight away the efficiency of the organizational system, and to track every single stage of the company production cycle, in order to have proof of it in a database. Recent headlines have…
As a result of the application filed by the Firm, the Justice of the Peace of Trieste ordered the immediate return of the driving license that had been suspended by an order of the Prefect to an individual who had been involved in a car accident. In fact, the judge deemed that the findings in…
In a recent Court dispute handled by our Firm concerning a logistics contract, the judicial Authority seemed inclined to dismiss claims for damages caused by inventory shortages. The interpretation was expressed in a verbal discussion and was not crystallized in a judgement, since in the case in question the parties decided to solve the wider…
The most critical issues related to contracts regarding the performance of integrated logistics services concern inventory shortages. Technically speaking “shortage” means the physical loss of one or more goods that as a consequence results in an economic loss. The less contractually regulated the warehouse movements are, the greater the damage may be. The key words…
The direct action provided by Article 7ter of Italian Legislative Decree no. 286/2005 could be declared unconstitutional. The article gives the sub-carrier who has not received the payment of the carriage charges the right to act against all those who ordered the carriage. The issue of the constitutionality of Article 7ter was raised by the…
Through Circular No. 8777 of 5 October 2017, the Italian National Labour Inspectorate (INL) gave notice of the beginning on 9 October 2017 of an inspection campaign in the logistics sector that will last until 31 December 2017. The inspections of the INL ‒ with the assistance of the Carabinieri ‒ will be directed at…
Through memorandum no. 300/A/5620/17/144/5/20/3 of 21 July 2017 the Italian Ministry of the Interior has introduced new rules on police checks concerning the compliance with the road code. The main new features include: the Prefects’ constant monitoring of the location of speed detection systems, which must be motivated exclusively by road safety requirements; the reclassification…
In a recent judgment (No. 13937 of March 22, 2017, Section I) the Italian Supreme Court has given a ruling which regards the tampering of the tachograph, namely, the device that records driving times and rest periods of drivers, as well as the speed and the kilometers traveled by the vehicle on which it is…