Portolano Cavallo

Implementation of the UBO Register On May 25, 2022, the decree of the Ministry of Economics implementing the Ultimate Beneficial Owners Register (“UBO Register”) has been published in the Italian Official Journal (the “Decree”). The Decree is addressed to companies and other private legal entities, such as foundations and associations, trusts, and similar institutions (the […]

The European Commission’s proposal to add sanctions evasion to the list of EU Crimes On 25 May 2022, the European Commission announced its proposal to include violation of the Union’s restrictive measures in the EU’s list of crimes. In a separate Communication, it set out the main contents of a future Directive on the issue. In parallel, the Commission presented another proposal which would revise […]

The COVID-19 pandemic did not just put health care into crisis but also tremendously impacted our economy, with effects that are bound to last well after the pandemic is over. Small, medium, and large enterprises all ran for cover and enjoyed state-backed loans (in line with the European Commission position regarding the State Aid Temporary Framework). The last two years have […]

THE COURT OF ROME: NOT HIRING WOMEN DUE TO PREGNANCY IS DISCRIMINATORY Thanks to Clara Fallocco for collaborating on this article On March 23, 2022, the Court of Rome deemed discriminatory the conduct of Italia Trasporto Aereo S.p.A. (“ITA Airways”), which excluded several Alitalia flight attendants from its recruitment plan due to pregnancy. Case Two flight attendants employed […]

On March 16, 2022, UNI (Ente Italiano di Normazione)[1] published the Reference Practice (UNI/PdR 152:2022) on gender equality, outlining the requirements for Gender Equality Certification referred to in the PNRR, the National Recovery and Resilience Plan.[2]   Gender equality certification Italian Law 162/2021 introduced gender equality certification  (for more information, see our previous article “The bill on equal […]

  Law Decree 21/2012 (converted into law No. 56/2012) provides a specific regime for foreign investment control (known colloquially as “golden power”) that grants the government special powers to strengthen protection of the country’s “strategic” assets. The original rules have been modified several times over the years, including in view of the economic consequences of the COVID-19 […]

Laura Liguori, Elisa Stefanini On February 16, 2022, more than two years later than planned, the Ministerial Decree of November 30, 2021, containing measures to facilitate and support the development of nonprofit clinical trials of medicinal products and observational studies, as well as to regulate the transfer of data and results of nonprofit trials for […]

The latest ruling of the Court of Milan stated that the commercial success of a fashion item does not automatically entail copyright protection, which requires proof of creativity and artistic value. The protection of fashion designs is a hotly debated issue, and one that Italian and EU courts have often discussed and decided upon. One of the […]

Can liking content on social networks be regarded as an indication of a crime as part of interim measures in criminal proceedings? Apparently, the answer of the Italian Supreme Court of Cassation is yes. With its recent decision No. 4534/2022, the Supreme Court rejected the petition filed against an interim measure issued by the judge […]

The Italian version of this article was first published in Wired It seems that fashion is leading the transition from the physical to the virtual world, the metaverse, an all-encompassing space where all digital experiences are possible. This is how Eric Redmond, Nike Global Director of Technology Innovation, defines it. The most famous international brands, […]

On March 4, 2022 the European Commission rolled out a whistleblower tool to facilitate the reporting of possible sanction violations. The tool was announced in January 2021 and is a natural outgrowth of Commission efforts to support effective implementation and enforcement of EU sanctions. Anyone can access the online whistleblower platform to report past, current, […]

On December 30, 2021, the Joint Section of the Italian Court of Cassation (which is the last-instance court for civil matters) issued a landmark judgment[1] clarifying the criteria to determine the civil law consequences of “downstream” contracts with respect to an upstream framework arrangement that was found to infringe the national equivalent of Article 101 of […]

The Italian version of this article was first published on Wired It seems that fashion is leading the transition from the physical to the virtual world, the metaverse, an all-encompassing space where all digital experiences are possible. This is how Eric Redmond, Nike Global Director of Technology Innovation, defines it. The most famous international brands, some […]

Legislative Decree no. 177/2021 entered into force on December 12, 2021, and transposed Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Copyright Directive”) by amending Italian law no. 633/1941 (“Copyright Law”). Articles 15 – 23: Continue reading  

The ” European Automobile Manufacturers’ Association ” (” ACEA “) recently expressed itself, with a position paper (available here , in English), on the Proposed Regulation on Infrastructures for Alternative Fuels, ( Alternative Fuel Infrastructure Regulation ” AFIR“), Aimed at guaranteeing the availability and usability of a capillary and dense network of infrastructures for alternative fuels throughout the European Union. This Proposal will replace Directive 2014/94 / […]

Ilaria Curti 20 December 2021 Thanks to Eleonora Vita for collaborating on this articleIn 2021, the European Union (the “EU”) allocated substantial sums to jumpstart the economy, and it also strengthened its regulations precisely to ensure that these sums of money are spent transparently as a way of safeguarding the market. Along with the Procurement […]

Chiara Sannasardo 1 December 2021 With judgement No. 15938 of November 13, 2020, the Court of Rome confirmed that sale of a stake representing 60% of the corporate capital of a limited liability company in liquidation for a merely symbolic price (in the case at hand, just 1 Euro) is fully lawful, provided that: the […]

On June 11, 2021, the German parliament passed a federal bill on corporate due diligence obligations with regard to supply chains under the title “Gesetz ueber die unternehmerischen Sorgfaltspflichten zur Vermeidung von Menschenrechtsverletzungen in Lieferketten,” also known as “Lieferkettensorgfaltspflichtengesetz” or “LkSG.” This new law is the outcome of a project that dates back to 2016 […]

While waiting for the new crisis and insolvency code (the “Bankruptcy Code”) to come into force, in August 2021 the Italian government released yet another installment in the saga of the reform of Italian bankruptcy law. Law Decree 118/2021 (the “August Decree”) amends a few sections of the Italian bankruptcy law (Law 267/1942: “Italian Bankruptcy […]

Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of EU law (“Directive”), dated October 23, 2019, has not yet been implemented in Italy,[1] but the anticorruption authority (“ANAC”) and Confindustria recently issued new sets of guidelines regarding whistleblowing in the public and private sectors, respectively. […]

The Italian government has enacted what is known as the “Green Pass bis Decree” (Law Decree no. 127 of September 21, 2021), introducing urgent measures to ensure the safe performance of public and private work through the extension of the scope of application of COVID-19 green certification (“Green Pass”) and the strengthening of the screening system. The requirement […]

On April 20, 2021, the Italian Supreme Court dealt with a complex and much debated matter: pharmaceutical company liability for damages to a participant in a sponsored clinical trial. This issue can be analyzed from at least two perspectives: one is the causal connection between the alleged damages and the investigational drug, and the other […]

The General Court recently issued a ruling[1] in a two-decade-long judicial saga over a trademark registration filed by Veuve Clicquot, annulling a decision under which the EUIPO remitted the case to its Cancellation Division for reconsideration. The ruling should eventually put an end to the invalidity proceedings that were brought by Lidl, a German discount retailer […]

In June 2020, the high court of Rome issued a ruling in a delicate matter concerning the power to determine remuneration of managing directors (CEOs) in joint stock companies. The ruling in question is particularly interesting because it represents a new twist on the interpretation and consequent application of Article 2389. It poses a clear […]