JD Supra (JD Supra Italy)

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.

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...

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...

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...

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.

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.

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.

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”

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...

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.

In 2016 Italy introduced new forms of security, including a pledge on movable goods which would not require physical delivery to the creditor, but would take effect by way of registration in a central repository held by the tax authority (the "Registry of Non-possessory Pledges", or "RNP"). We have covered this step here. The operation of the register was laid out in secondary legislation ,...

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”

Decree-Law no. 152 of 6 November 2021 implementing Italy’s National Recovery and Resilience Plan (the PNRR), converted into law (L. 233/2021) (the PNRR Decree-Law), introduced concrete forms of support for the tourism sector. With subsequent implementation measures (dated 23 and 28 December 2021), the Ministry of Tourism (the Ministry) published the implementing acts for the effective...

Le novità e i temi rilevanti per l’imminente stagione assembleare anche alla luce dell’attività di revisione del quadro normativo europeo in materia di corporate governance e delle disposizioni tuttora vigenti per l’emergenza COVID-19. ..Nuovo format per la relazione sul governo societario e gli assetti proprietari ..Il nuovo Codice di Corporate Governance ..Le tematiche ESG: i...

Decree Law of November 6, 2021 n.152 implementing the National Recovery and Resilience Plan (PNRR), converted into law (L. 233/2021), introduced specific forms of support for the tourism sector. With subsequent implementation measures (dated December 23 and 28, 2021), the Ministry of Tourism then published the implementing acts for effective implementation of these forms of support. Our Guide...

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

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 rehabilitation proceedings has recently been reformed on February 14, 2019. On this date the New Code of Business...

Corte di Cassazione – Sez. I civile – n. 8997/2021 del 31.3.2021 -Responsabilità contrattuale dell’intermediario finanziario verso l’investitore e risoluzione del singolo contratto di investimento. 1- Il Fatto e il principio di diritto enunciato dalla Corte di Cassazione.

The Italian Data Protection Authority ("DPA") has issued guidelines on data protection rules applying to COVID-19 vaccinations at the workplace. On May 13, 2021, the Italian DPA issued guidelines on data protection rules applying to COVID-19 vaccinations at the workplace that can be organized by employers in accordance with a national protocol on workplace vaccinations adopted on April 6, 2021.

The Law Decree no. 73 of 25 May 2021 (the so-called "Support Decree-bis" or the "Decree"), concerning a series of measures related to the emergency situation linked to Covid-19 and aimed at supporting companies and economic operators, has come into force on 26 May 2021.

We describe below the legal impact on Italian loan transactions of the current health emergency caused by COVID-19 in light of the recent case law and the latest legislative measures, including a suspension of interest and principal payments on loans to SMEs, the rescheduling of repayment plans, and a State guarantee for loans to larger…

The Decree-Law of 25 May 2021, n. 73 containing «Urgent measures connected to the emergency from COVID-19, for businesses, work, young people, health and local services» (so-called « Sostegni-bis Decree ») (available here ).

Wednesday, May 19, 2021, the new rules governing expanded class action lawsuits in Italy entered into force. The new class action system applies to claims related to conducts put in place starting from today.

At the end of the parliamentary process of conversion of the Decree-Law March 22, 2021, n 41 (so-called "Sostegni Decree"), and pending the issue (in the next few hours) the now famous Sostegni Bis Decree which should contain important news on the subject of dismissals, was published in the Ordinary Supplement to the Official Gazette no. 120 of 21 May 2021 the Law 21 May 2021, n. 69 (available...

The Italian Data Protection Authority (Garante) has issued detailed guidelines on data processing activities in the context of workplace vaccination campaigns and on the role of the so-called “competent doctor” (medico competente).

The Guarantor for the protection of personal data ( Guarantor ) has published two steering documents to provide detailed guidelines on data processing activities in the context of vaccination campaigns in the workplace and on the role of the "competent doctor ".

Italy - The class action “revolution” enters into force - The new class action bill (Law no. 31 of 12 April 2019) was passed in 2019 and – after a number of postponements – finally entered into force on 19 May 2021. Although class actions are available in Italy since 2007, they had not proven successful due to the strict admissibility test for class certification.

L’Ispettorato Nazionale del Lavoro (INL), con la nota n. 762 del 12 Maggio 2021, ha fornito alcuni chiarimenti in merito alla possibilità di procedere al rinnovo o alla proroga di contratti a termine relativi a lavoratori in forza presso aziende che fruiscono degli strumenti di integrazione salariale previsti dalla normativa emergenziale.

Today, Wednesday, May 19, 2021, the new rules governing expanded class action lawsuits in Italy entered into force.  The new system applies to claims related to conducts put in place starting from today.

Il Garante per la protezione dei dati personali, in data 13 Maggio 2021, ha adottato un Documento di indirizzo sulla vaccinazione nei luoghi di lavoro, per fornire indicazioni generali sul trattamento dei dati personali, in attesa di un definitivo assetto regolatorio.