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6 results for JD Supra Italy › Bryan Cave Leighton Paisner

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  • Italian Labor Courts Admit “WhatsApp” Dismissals

    The Italian Labor Court of Catania (the “Sicilian Court”), with its recent decision of 27 June 2017, ruled for the first time in Italy that employers may notify employees of their dismissals through WhatsApp (a ubiquitous smartphone texting application). WhatsApp messages are now valid and legally equivalent to the traditional – and mandatory – “written notice of dismissal”.

  • New Notification Conditions for Italian Mergers and Acquisitions

    On 29 August 2017, Law No. 124 of 2017 entered into force and amended Section 16 (1) of Law No. 287 of 1990 (the Italian competition law) that provides for prior notification system of all mergers and acquisitions in Italy which fall within certain thresholds. As of 29 August 2017, a concentration has to be notified to the Italian Competition Authority when it meets the new cumulative...

  • The Italian Labor Reform and the new “Horizontal Mobility”

    The Labor Court of Milan and the Italian Supreme Court issued two decisions (No. 3370/2016 and 618/2017) interpreting the updated Section 2013 of the Italian Civil Code, concerning the “repêchage obligation.” In particular, before dismissing an employee for objectively justified reasons (e.g., abolition of the department or functions in the company), the employer has the obligation to...

  • The Italian Supreme Court Restricts Employer’s Remote Control of Employees

    The Italian Supreme Court, with its recent decision (No. 22148 of May 8, 2017), restated the main principle of Section 4 of “Workers’ Statute of Rights” (as amended by Section 23 of the Legislative Decree No. 151/2017) requiring an agreement between employer and trade union for the setting up of audiovisual and monitoring systems for the remote control of employees (hereinafter “Systems”). If no...

  • The Italian Data Protection Authority restricts the monitoring of employees’ internet access and e-mail use

    The Italian Data Protection Authority (“IDPA”) issued its first decision interpreting the amended Section 4 of the “Workers’ Bill of Rights,” concerning the monitoring of employees’ internet access and e-mail use. In particular, the employees of a University in Italy claimed their employer monitored their personal data, by recording their web-browsing file logs (specifically, the Media

  • Landmark Decision Issued by the Italian Supreme Court in the Automotive Sector

    A resounding judicial victory was scored in Italy this fall by Bryan Cave’s affiliated office (“SILS”) on behalf of the Volkswagen Group. The Supreme Court of Italy (“Corte di Cassazione”) rejected all claims brought against VW by a local car dealer (B Automobili) in a long-running, complex case involving an alleged “abuse of a dominant position” by VW.

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