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11AprPermanent establishment: to be or not to be, that is the questionRecent case law Permanent establishment Applicable law Recent case law A leading low-cost airline has recently been sanctioned by labour inspectors from the local labour office Direzione provinciale del lavoro (DPL), which reportedly imposed an administrative fine for failure to pay social security contributions in Italy. The DPL alleged that the airline had hired 650…
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31MarWhen is disciplinary code necessary?Legislation on disciplinary codes Case study: dismissal by employer without a disciplinary code Supreme Court decision Practical suggestions Legislation on disciplinary codes An employer’s power of direction over its employees is recognised in Article 2106 of the Civil Code and Article 7 of the Statue of Workers (Law 300/1970), providing substantial and procedural limits to…
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29MarCross-border discovery and cloud computing: potential use of the cross border discovery before italian courtsThe aim of this article is to outline the ever-increasing importance of discovery for civil law proceedings due to recent, favorable developments in law cases and judicial decisions within the EU. In particular, we intend to consider the potential scenarios under which the result of discovery, a common law institution, could be introduced in civil-law…
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28MarEarn-out clauses: advantages and pitfallsThe road to a successful acquisition holds a wide variety of challenges for both acquirer and target. A common area of concern arises from the unavailability of private information, which may lead the parties to assess the target’s intrinsic value very differently. Bridging the gap between different estimates of the target’s value is a fundamental…
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15MarECJ rules on Italy’s gaming regulationsBackground On February 16 2012 the Court of Justice of the European Union (ECJ) issued its latest preliminary ruling on the compatibility of Italy’s legal framework for gaming with the right of establishment and the freedom to provide services. The new ruling confirms principles already established in the landmark Gambelli(1) and Placanica(2) decisions (see “ECJ…
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14MarItalian government approves new rules on foreign investment in strategic sectorsOn March 9 the Italian Government approved a Law Decree setting forth for the first time a broad set of governmental intervention and veto powers in certain strategic sectors: defense; energy; transportation; communications. This new set of rules will have a significant impact on companies operating in such sectors. In particular, the new rules include…
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12MarServices contract: the client is not exempt from liabilities on health and safety of contractor’s employeesBackground Recent Supreme Court case law Conclusion Background According to Article 26 of Legislative Decree no. 81 of April 9, 2008, as amended by Legislative Decree no. 106 of August 3, 2009 (“Testo Unico sulla Sicurezza sul Lavoro”) the client is the main responsible for the safety of all the employees, including those of the…
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7MarEx post defensive monitoring of email and protection of employer’s assetsRemote and defensive monitoring The case of the dismissed bank employee Supreme Court decision on defensive monitoring Practical consequences Remote and defensive monitoring As described in our previous article (“Italy: Remote monitoring and defensive monitoring of employees in the internet age”, published in October 2010), Article 4 of Law 300/1970 – known as the Statute…
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6MarService contracts: criteria for ‘genuine’ contractsFocus on service contracts Recent Labor Court Decision and identification of genuine contracts Minister of Employment order Comment Focus on service contracts The increasingly common use of outsourcing has resulted in the Italian labour courts paying closer attention to the provisions of service contracts and, in particular, to the criteria for identifying such a contract…Article filed under: Labour and Employment
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6MarIl tar Lazio boccia nuovamente il piano di numerazione automatica dei canali della televisione digitale terrestre: quale sarà la decisione finale del Consiglio di Stato?Dopo le sentenze del 24 giugno 2011, n. 5633 e 29 luglio 2011, n. 6814 (la cui esecutività è stata sospesa in sede cautelare dal Consiglio di Stato), il T.A.R. Lazio torna a pronunciarsi incisivamente in tema di numerazione automatica dei canali della televisione digitale terrestre (Logical Channel Numbering – “LCN”) con sentenza del 26…
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