JD Supra Italy

Publisher:
JD Supra
Publication date:
2019-04-29

Publisher

Latest documents

  • Italy Approves New Legislation to Support Listings on Euronext Milan

    The legislation aims to enhance the competitiveness of the Italian capital markets by introducing various reforms regarding the listing process and corporate governance. Listings on Euronext Milan are supported by Bill n. 674 approved on February 27, 2024, by the Italian Parliament. The various measures within the new legislation aim to support the process of listing on Euronext Milan.

  • Establishing a Business Entity in Italy (Updated)

    1. Types of Business Entities - Italian law provides multiple forms of organizational structures to do business in Italy. They differ from one another due to the extent of liability undertaken by its members. In particular, certain business organizational forms do not limit the liability of its members (among which the “società semplice” and the “società in nome collettivo” that operate similar to a partnership) or which provide for limitations to the personal liability only for certain classes of stakeholders (i.e. the “società in accomandita semplice” and “società in accomandita per azioni”), as opposed to others which limit their personal liability (such as the Società a responsabilità limitata” – similar to the Limited Liability Company or the “Società per azioni” similar to the Joint Stock Company).

  • Buying and Selling Real Estate in Italy (Updated)

    KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ITALIAN LAW - I. INTRODUCTION - This brief guide has the goal to provide legal explanation on the main aspects of the real estate transactions in Italy. II. REAL ESTATE TRANSACTIONS ACCORDING TO ITALIAN LAW - Land - There are different types of land that can be purchased, such as agricultural or building lands. Although these are always and, in any case, real estate sales, rules and taxation may vary according to the classification of the land.

  • Bankruptcy, Insolvency & Restructuring Proceedings in Italy (Updated)

    KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER ITALIAN LAW - 1. Presentation of the judicial liquidation/ insolvency/ rehabilitation proceedings in Italy and their main characteristics. The current legislation for judicial liquidation, insolvency and restructuring proceedings has recently been reformed on February 14, 2019. On this date the New Code of Business Crisis and Insolvency has been published in the Official Gazette (Legislative Decree 12 January 2019 No. 14), replacing the Royal Decree n° 267/1942.

  • Financial regulatory news – Italy

    The second issue of our newsletter focuses on some recent developments that have affected different areas of the EU and Italian regulatory framework over the last few months. Please see Publication below for more information.

  • The new Italian Public Procurement Code: a (missed) revolution?

    On 1 April 2023, Legislative Decree 31 March 2023, No. 36 entered into force in Italy as the new Public Procurement Code (the Code) which will apply to new public tenders from 1 July 2023 onwards. Please see Publication below for more information.

  • Class Action in Europe: impact on the Italian Consumer Code

    The decree implementing the EU Directive 2020/1828 was published in the Italian Official Journal, thereby introducing representative actions, a new instrument for the protection of the collective interests of consumers against breaches of European provisions. Please see Publication below for more information.

  • Establishing A Business Entity In Italy (Updated)

    1. Types of Business Entities - 1.1 Premises - The Italian law provides multiple forms of organizational structures in order to do business in Italy, which differ from one another due to the extent of the liability undertaken by their participants. In particular, certain business organizational forms allow the participants to limit their personal liability (such as the “società per azioni” – a type of company similar to the Joint Stock Company – or the “società a responsabilità limitata” – similar to the Limited Liability Company), as opposed to others which do not limit the liability of the participants (among which the “società semplice” and the “società in nome collettivo,” operating similarly to a partnership) or which provide for limitations to the personal liability only for certain classes of stakeholders (i.e. the “società in accomandita semplice” and “società in accomandita per azioni”). Please see full Chapter below for more information.

  • Buying and Selling Real Estate in Italy (Updated)

    KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ITALIAN LAW - I. INTRODUCTION - This brief guide has the goal to provide legal explanation on the main aspects of the real estate transactions in Italy. II. REAL ESTATE TRANSACTIONS ACCORDING TO ITALIAN LAW - Land - There are different types of land that can be purchased, such as agricultural or building lands. Although these are always and, in any case, real estate sales, rules and taxation may vary according to the classification of the land. Please see full Chapter below for more information.

  • Excessive pricing and orphan drugs: Leadiant sanctioned by the Italian Antitrust Authority

    In a long-awaited decision published on 31 May 2021, the IAA found that Leadiant infringed Article 102 TFEU through a multifaceted strategy that led to it obtaining an excessive price for its CDCA Leadiant® medicine. A number of lessons can be learnt from this case. Please see full Publication below for more information.

Featured documents

  • Italian Competition Authority Finds Abusive Conduct in Withholding Data and Internal Communications Praising Company Strategy

    On 5 July 2011, the Italian Competition Authority imposed fines of €5.1 million on a multinational crop protection company for having abused its dominant position on the market for fosetyl-based systemic fungicides in breach of Article 102 of the Treaty on the Functioning of the European Union. In ...

  • Le commissioni bancarie nella proposta di delibera di Banca d’Italia in attuazione

    PREMESSA In data 28 maggio 2012, Banca d'Italia ha pubblicato sul proprio sito internet il Documento per la consultazione – che si chiuderà l’8 giugno 2012 - relativo alla proposta di delibera che Banca d’Italia intende formulare al Comitato Interministeriale per il Credito ed il Risparmio (“CICR”...

  • D.LGS. 231/2001: Aggiornamento Normativo

    Si riporta qui di seguito una breve rassegna del provvedimento che ha introdotto l’art. 25-duodecies all’interno del D.Lgs. 231/2001, estendendo la responsabilità delle persone giuridiche anche al reato di impiego di cittadini di paesi terzi con soggiorno irregolare. 1. Introduzione del reato...

  • Tobin Tax

    La “Legge di stabilità” per il 2013 (Legge 24 dicembre 201, n. 228), all’articolo 1, commi 491 - 500, introduce un’imposta sulle transazioni finanziarie che colpisce i trasferimenti di azioni, strumenti partecipativi e derivati, c.d. “Tobin tax”. Le caratteristiche del nuovo prelievo e le...

  • The Projects and Construction Review, Chapter 22 "Italy"

    The current state of Italian project finance is the result of a trend initiated more than 20 years ago, when public resources started to become scarce and the construction or infrastructure needed private funds to be carried out. First came the realisation of energy plants – especially the...

  • I contratti di locazione della Pubblica Amministrazione

    Gentili Signori, abbiamo predisposto il presente memorandum al fine di riportare alcune preliminari considerazioni sull'ambito soggettivo ed oggettivo di applicazione delle disposizioni (i) dell'articolo 2bis del decreto legge 15 ottobre 2013 n. 120, convertito con legge 13 dicembre 2013, n....

  • Italian Merger Control Thresholds Update

    The Italian Competition Authority has updated its merger control turnover thresholds. Effective from 10 March 2014, Section 16 (1) of Law No 287 of 10 October 1990 requires prior notification of all mergers and acquisitions where......

  • Italian Parliament Approves Final Rules on Changes to Feed-in Tariffs for Photovoltaic Plants

    On 7 August 2014, the Italian Parliament approved the conversion into law of Law Decree no. 91 /2014 (the Decree) regarding, amongst other matters, “urgent measures … for the limitation of costs applied to electricity prices”. The approval law will enter into force at the day after its publication...

  • Italian Merger Control Thresholds – New Revisions

    The Italian Competition Authority has updated its merger control turnover thresholds. Effective today, 16 March 2015, Section 16(1) of Law no. 287 of 10 October 1990 requires prior notification of all mergers and acquisitions where both the following conditions are fulfilled......

  • The Italian Supreme Court of Cassation Eases the Evidential Burden on Private Claimants to Bring Actions for Antitrust Damages in Italy

    The Italian Supreme Court of Cassation (the “Court”) has recently issued a landmark judgment that significantly reduces the burden of proof on claimants to bring stand-alone actions for antitrust damages, i.e., independent antitrust claims that are brought in the absence of an antitrust authority’s ...

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