15.05.2019

Transfer of company shares subject to condition: conduct requirements for the parties with a mixed potestative condition pending

By a judgment of 25 May 2017, the Court of Milan ruled on the non-fulfilment of a mixed potestative condition applying to the company Beta, stating that the failure by the purchaser company Alfa to take…

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15.05.2019

Administrative liability of legal entities and the applicability erga omnes of occupational health and safety legislation: the case of foreign companies

The issue addressed in this article is of particular interest to all companies operating, even if without being established, in Italy. Suffice it to think of the numerous holding companies established in…

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09.04.2019

Hidden city ticketing: risks and possible forms of protection for airlines in light of the recent Lufthansa case

Hidden city ticketing is a practice increasingly used recently, which involves booking and purchasing a multi-city flight with an intermediate stop and then flying only the first flight, getting off at the…

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09.04.2019

Contributions from Nctm Offices Around the World | Shipping & Transport Bulletin April-May 2019

State Aids for the Port Authority of Naples and Cantieri del Mediterraneo The Commission has recently published the decision from September 2018 finding that the aid given to the Port Authority of Naples…

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09.04.2019

Blockchain and shipping insurance

Blockchain technology [1]has recently become a hot topic. Given its increasing and growing popularity, it seems interesting to see its possible implications in the sector of insurance, especially shipping…

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09.04.2019

The assignment of shipping receivables under Article 58 of Italian Consolidated Law on Banking and the matter of a new mortgagee in respect of registration with the Register of Ships

Article 58 of the Italian Consolidated Law on Banking regulates a particular type of assignment, namely, bulk assignment of assets and legal relationships. Such category covers also any debts owed to banks…

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09.04.2019

Regulation (EU) 2017/352 establishing a framework for the provision of port services and common rules on the financial transparency of ports: employees’ rights, financial transparency and autonomy of port management bodies

Our analysis of Regulation (EU) 2017/352 ends with this article. As we have seen, the Regulation contains the "rules" that the European Union has sought to impose on the Member States in respect of port…

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09.04.2019

A few words about the recent decision of the Court of Justice of the European Union on State aid in case "Fallimento Traghetti del Mediterraneo SpA"

The European Court of Justice recently ruled [1] on the well-known matter of alleged State aids in the case “Fallimento Traghetti del Mediterraneo SpA” (hereinafter “FTDM”). The case originates from the…

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09.04.2019

The recent case of Livorno on the port concessions: the principles stipulated in the restraining order

It is well known in our sector that - by a recent order - the Court of Livorno banned from its public offices the heads of the Northern Tyrrhenian Sea Port System Authority due to alleged irregularities in…

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28.02.2019

The new Italian Insolvency Code ("CCI")

Introduction The Legislative Decree No. 14/2019 is divided into four parts, the most important of which is the first containing the new CCI composed of 390 articles: the second part includes a few…

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22.02.2019

“For the Italian Supreme Court seizing light hemp inflorescences is unlawful”

Criminal Supreme Court, dep. VI, Judgement no. 4920, January 31, 2019 It is now known that light hemp’s business is significantly increasing and that it is attracting a huge number of investors, even…

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13.02.2019

Contributions from Nctm Offices Around the World - February-March 2019

Taxation of Ports in Italy Ports in Italy are fully exempt from corporate income tax. In the Basque region of Spain, ports are also fully exempt from corporate tax. In the rest of Spain ports are exempt…

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