12.06.2018

Nctm grows with its professionals

Nctm Studio Legale has appointed four new equity partners: Martino Andreoni, Giovanni de' Capitani, Michele Motta and Michele Zucca. The Firm has chosen to reward internal and very brilliant career…

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11.06.2018

Contributions from Nctm Offices Around the World
Shipping & Transport Bulletin June-July 2018

Portuguese tonnage tax and seafarer scheme On 6 April 2018, the Commission approved two measures for the purpose of encouraging ship registration in Europe and contributing to the competitiveness of…

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11.06.2018

Delegation of functions and 231 Models: crucial instruments for port-related companies also for environmental purposes

In the last issue of our newsletter, we emphasised the importance of adopting an organisational model in accordance with Italian Legislative Decree 231/2001 to prevent serious liability being incurred – by…

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11.06.2018

The new parameters for evaluating applications for concessions: a) the level of coherence with the National Strategic Plan for Ports and Logistics and the other national sector planning instruments in force

In the last issue of our newsletter we started to examine the circular of the Italian Ministry of Infrastructure and Transport (“MIT”), published in the Official Gazette of the Italian Republic of 5…

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11.06.2018

Regulation (EU) 2017/352 establishing a framework for the provision of port services and common rules on the financial transparency of ports: a preliminary analysis of the general principles set out in the preamble

As anticipated in the last issue of our bulletin, we are going to conduct an exhaustive analysis of Regulation (EU) 2017/352 "establishing a framework for the provision of port services and common rules on…

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11.06.2018

"To each his own": the Italian Ministry of Infrastructures and Transport clarifies who is entitled to carry out port operations

In our experience, in port areas, it is quite often unclear who can (legitimately) do what, which of course has an adverse impact on competition. This is particularly true as regards port operations, a…

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11.06.2018

Bolt from the blue: the European Commission demands Italian Port System Authorities to pay taxes

At the end of April, the Directorate-General for Competition of the European Commission sent a communication to the Italian Permanent Representation notifying the results of a preliminary examination…

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11.06.2018

The regulatory competence of the Italian Transport Regulation Authority and the obligation to pay a fee for its functioning in light of the latest case law

In the last two months, the Regional Administrative Court of Piedmont has repeatedly expressed its view regarding the scope of the regulatory competence of the Italian Transport Regulation Authority,…

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01.06.2018

Nctm successfully defended the Bolzano Christmas Market trademark

Nctm successfully assisted the Municipality of Bolzano in a precautionary procedure concerning the "counterfeiting and parasitic" use of the "Mercatini di Bolzano" trademark by an event planning…

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15.05.2018

Nctm is “Firm of the Year - Copyright” at Legalcommunity Ip&Tmt Awards

Nctm is "Firm of the Year - Copyright" by Legalcommunity for its "reliability, timeliness and the ability to understand the business environment". The awards ceremony was held on Monday 14 May in…

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02.05.2018

De facto partnerships can be declared bankrupt even if partners are corporations

The Constitutional Court (6 December 2017) confirmed that Art. 147, para. 5, of the Italian Bankruptcy Law does not violate the Constitution as long as it is interpreted in a broad sense. The case The…

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02.05.2018

Super-priority claims for professional services related to restructuring plans and debt restructuring agreements?

With two decisions (No. 1895/2018 and No. 1896/2018), both filed on 25 January 2018, the Court of Cassation reached opposite conclusions in the two different situations. The case The decision No.…

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