Tonucci wins against the Local Health Authority of Bari at the Administrative Court.
Puglia Administrative Court has sentenced Local Health Authority (ASL) for serious negligent behavior and has ruled the monetary
16 February 2018
Latest News
Whatsapp chats are considered documentary evidence liable to seizure.
By decision no. 1822 of 16.01.2018, Italian High Court stated that the chat via instant message app Whatsapp may be seizured through the same method provided for the acquistion of documentary evidence. Closer analysis by Tonucci & Partners experts herein below.
14 February 2018
L’irriducibilità della retribuzione non si estende ai compensi erogati per particolari modalità di svolgimento della prestazione lavorativa.
La Corte di Cassazione ha precisato che la garanzia dell’irriducibilità della retribuzione si estende alla sola retribuzione compensativa
13 February 2018
The principle that a salary cannot be reduced is no longer applicable if specific working conditions differ.
The Labour Section of the Court of Cassation has provided indications on the application for “guaranteeing a minimum level of salary” that cannot be extended to those wages that have been paid for specific working conditions. Futhermore the Court clarified that once the conditions for which that part of the wage had been granted cease to exist, the employer was no longer compelled to pay for it.
13 February 2018
Requisito dimensionale: è onere datoriale provare l’autonomia dell’unità produttiva.
La Corte di Cassazione ha chiarito che, ai fini del requisito dimensionale previsto dall’art. 18 dello Statuto dei
12 February 2018
Company size requirement: it is employer’s responsibility to prove the production unit autonomy.
With regard to dimensional requirements, ex art. 18, and by pointing out that the employer is in charge of the responsibility to provide the proof, Court of Cassation has emphasized that not only numeric analysis but also autonomy of the production unit is subject to examination.
On this point, the Court has also specified that the employer’s proof must be specific, needing the autonomy to be clear both in organizational and administrative terms.
12 February 2018
Coca-Cola: lawful opposition to the “Master” brand.
Coca-Cola can lawfully oppose to the registration, within the EU, of the “Master” brand, which uses the same font of CocaCola to market its products. It does not matter if at the time of the request the aforementioned trademark is used, in a similar form to the famous “Coca-Cola” brand, outside EU countries.
This is what the European Union Court ruled with its sentence issued on 7 December 2017 for the Case T-16/16.
9 February 2018
A balance between the principle of exhaustivity of criminal offences to be declared and serious professional misconduct.
Self declarations pursuant to article 80, paragraph 1, and article 80, paragraph 5, c): a balance between the
7 February 2018
Sicurezza sul lavoro: oltre a mappare i rischi, occorre individuare le misure preventive.
La quarta sezione penale della Cassazione, con la sentenza 19030/2017, ha fornito alcune indicazioni sulla valutazione e i
6 February 2018
Safety at work: in addition to the risk mapping, precautionary measures need to be identified.
By judgment no. 19030/2017, the 4th criminal division of Supreme Court has provided several guidelines on the assessment and the protections according to the Legislative Decree no. 80/2008 concerning health and safety at work.
The Court pointed out that “even if the risks have been correctly assessed but precautionary measures are still lacking, there is still a failure of the assessment, which includes not only the risk mapping and the risk analysis but also of the identification of the necessary precautionary measures to be implemented”.
6 February 2018
UK – IP professionals ask the Government to continue the application of the European Law after Brexit.
In the UK professional services are thinking about how the post-Brexit will be or shall be. CIPA
gave its directions, along with the most important institutes of the British sector. It also participated in the drafting of a joint note with the Law Society, the IP Bar, CITMA and the IP Federation on what the government ought to seek to achieve in relation to intellectual property rights after Brexit.
5 February 2018
Reopening of land and not listed participation reassessment.
Art. 1 co. 997 – 998 of Law no. 205/2017 (so called 2018 Budget Law) had deferred the system of redefinition of land acquisition cost and land acquisition price and value (being it rural or building site), as originally provided by Art. 7 of Law No 448 of 28.12.2001.
1 February 2018
