21.05.2019

Drafting techniques: from recent case-law contributions on risk of inadmissibility of deeds with the Supreme Court to the incentives under Ministerial Decree 37/2018

The recent reforms addressing proceedings before the Supreme Court devote  a great deal of attention to drafting techniques, since the strengthening of procedural filters, in accordance with the…

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21.05.2019

The fate of debts and receivables in the company voluntarily wiped out

A recent ruling of the Court of Rome stated that in case of voluntary winding-up of a company carried out during a proceeding introduced by the same company, it is presumed that this one has tacitly waived…

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21.05.2019

Precautionary protection of the right to honour and reputation in light of the principle of inadmissibility of precautionary measures equivalent to seizure of the press under Article 21, paragraph 3, of the Italian Constitution

In the event of online press articles causing damage to honour and reputation, without prejudice to the prohibition of precautionary measures having equivalent effect to seizure of the press, the victim…

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15.05.2019

Agency and business procurement: when “the suit does not make a man"

By its judgment No. 3557 of 23 October 2018, the Court of Appeal of Rome dealt with the issue of the boundaries between agency agreement, as regulated by Articles 1742 et seq. of the Italian Civil Code,…

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15.05.2019

Resolutions avoiding unfavourable judgments as possible abuse of majority rule

This note is inspired by a recent ‘abuse of majority’ case and focuses on meeting resolutions passed with the sole intent of harming minority shareholders as well as on immediate enforceability of…

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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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