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The so called โ€œDecreto Crescitaโ€ has been converted in law and provides the early retirement system in the Expansion Contract.

On June 29, 2019 the Law n. 58 about the conversion of the โ€œGrowth Decreeโ€ was published in the Official Journal. It contains urgent economic growth measures and the resolution of specific crisis situations with important innovations including, in terms of pensions, the so-called โ€œ5-year slideโ€ in the context of the so called โ€œExpansion Contractโ€: the possibility for โ€œelderlyโ€ workers to retire 5 years earlier to encourage the hiring of new and โ€œyoungโ€ professionals.

The danger of eviction for the promising buyer must be current.

The Supreme Court, with sentence n. 8571 dated 03.27.2019, stated that the faculty provided by article 1481 of the Italian Civil Code concernig the possibility for the promisee buyer to suspend the payment of the price, requires a concrete and actual danger of claim. It follows that the payment suspension or the refusal of signing the final purchase agreement is not legitimate when there is only a mere subjective fear of being evicted.

The Italian Budget Law 2019: an โ€œanti-Bolkesteinโ€ regulation and the possible rejection by the EU Court of Justice.

The Italian Budget Law 2019 laid the ground for a reorganization of the entire discipline of maritime state property concessions, providing โ€“ inter alia โ€“ a regime of โ€œautomatic renewalโ€ of the same. However, according to the EU Court of Justice, the automatic and general extension for the tourist exploitation of maritime state properties set forth by the Italian law โ€œprevents to carry out an impartial and transparent selection of the candidates under the EU competition principlesโ€. According to EU (see EU Directive 2006/123/EC, better known as โ€œBolkestein Directiveโ€), in fact, the tourist exploitation of maritime state properties consists in โ€œservices over public soilโ€ and, as such, it has to be subject to free competition.
The partnership started at the new offices in Foggia, between Tonucci&Partners and the BM Avvocati law firm, specialized for many years in the Maritime State Property practice, allows us to provide our clients with a strategic, innovative and highly specialized advice in a sector characterized by a particularly fragmented and uncertain regulatory framework.