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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 “anti-Bolkestein” 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 – inter alia – a regime of “automatic renewal” 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 “prevents to carry out an impartial and transparent selection of the candidates under the EU competition principles”. According to EU (see EU Directive 2006/123/EC, better known as “Bolkestein Directive”), in fact, the tourist exploitation of maritime state properties consists in “services over public soil” 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.

International survey on the respect for privacy: principle of accountability and enforcement of EU Regulation 679/2016.

At the end of 2018, a few months after the full applicability of EU Regulation 679/2016 on the protection of personal data, most companies and public bodies have understood the concepts promoted by the Regulation related to the principle of accountability; despite this, there are still significant shortcomings in the effective implementation of specific policies for the protection of personal data. This is the outcome of the international survey on respect for privacy (“Sweep 2018”) conducted by the personal data protection authorities belonging to the Global Privacy Enforcement Network.