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Action for liability: limits of the compensable damage.

The bankruptcy receiver, in the action for liability against the directors, has to demonstrate not only the breach and the damage suffered by the company or by the creditors, but also the causal link between the aforesaid damage and the conduct censured. Compensable damages, in fact, are only those directly attributable to specific acts of maladministration.
This is what stated by the Court of Cassation with the ordinance n. 2659 of the 30th January 2019.

Community contributions and VAT deduction on purchases.

The Tax Revenue Agency clarified the treatment, for VAT purposes, of the contribution disbursed by European Economic Community, through an Italian Region, and of the purchases of goods and services referable to the same: in particular it qualifies the contribution obtained as “allocation of funds”, with the consequent exclusion from the scope of VAT; on the other hand it admits the deduction of the tax paid on purchases of goods and services made using the aforementioned contribution.

Recent decisions of Supreme Court of Cassation.

The Court of Cassation establishes the following principles:
1) For the Cassation, the objective negative economic course of the society doesn’t constitute a presupposition that the employer necessarily has to feel for justified objective motive in case of dismissal of an employee
2) For the Supreme Court the “giustificatezza”, typical of the managerial category, in fact, can be based (due to the particular nature of the relationship of trust) on objective questions, provided they are appreciable in terms of law.
3) For the Cassation, the intimidating acts of the employer, by means of sentences aimed at obtaining the resignation of their employee, would endanger the moral and mental freedom of the latter.
4) For the Cassation, the employer’s trust may be compromised, not only as a result of specific contractual defaults, but also due to extra-business practices that have a reflection, even if only potential but objective, on the functionality of the employment relationship .
5) For the Court of Cassation, where the economic-functional link between the companies is such as to lead to the simultaneous and indistinct use of the same work performance in each of them, there is a single center for assigning work relationships.

The Horn of Africa galloping.

Our partners Nicola Spadafora and Carlo Scarpa were speakers at the Conference of CUOA Business School on “Geopolitical

Labor consultants act as data processors, the Data Protection Authority states.

The labor consultants act as data controllers pursuant to par. 28 of Regulation (EU) 2016/679, and the processing of personal data carried out on behalf of its customers must therefore be regulated by a contract or other legal act: this is what emerges from the letter of the Italian Data Protection Authority sent to the National Council of labor consultants on January 22, 2019.

Albania Una e 2019.

Panorama has published online the book review of “Albania Una e 2019”, written by Andrea Camaiora, which title

Ferragamo’s trademark “Gancini”: the decision of the Court of Cassation.

The Court of Cassation ruled on the alleged infringement of the “Gancini” trademark, owned by Salvatore Ferragamo spa, by Ripani Italiana Pelletterie srl, and, by reforming the appeal judgement that excluded the counterfeiting, referred the matter to the competent Court of Appeal. The mechanism used by Ripani, indeed, is completely similar to the violated mark, whose shape recalls the greek letter omega “Ω”.This is what stated by the Court of Cassation with the ordinance n. 26001 of 17.10.2018.