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Albania Una e 2019.

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

20 March 2019

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.

15 March 2019

Insurance policies covering PPI fundings – Calculation of the insurance premium to be refunded in case of total or partial anticipated settlement of the loan.

On August 2018, IVASS published the regulation no. 39 providing, among other things, the procedure for the application of administrative sanctions, no. 40 bearing important news regarding insurance distribution and implementation of Legislative Decree no. 68 dated 21st May 2018 of transposition of the EU Directive 2016/97 (“IDD”) and no. 41 introducing provisions concerning the disclosure, advertising and implementation of insurance products.
The implementation process of the aforesaid regulations that is currently ongoing for the insurance companies and mediators surely brings an increase in the levels of protection of the insurance policyholder which certainly appears to be significant considering the whole regulatory framework adopted at a local level.

11 March 2019

Insurance policies covering PPI fundlings – Calculation of the insurance premium to be refunded in case of total or partial anticipated settlement of the loan.

On August 2018, IVASS published the regulation no. 39 providing, among other things, the procedure for the application of administrative sanctions, no. 40 bearing important news regarding insurance distribution and implementation of Legislative Decree no. 68 dated 21st May 2018 of transposition of the EU Directive 2016/97 (“IDD”) and no. 41 introducing provisions concerning the disclosure, advertising and implementation of insurance products.
The implementation process of the aforesaid regulations that is currently ongoing for the insurance companies and mediators surely brings an increase in the levels of protection of the insurance policyholder which certainly appears to be significant considering the whole regulatory framework adopted at a local level.

8 March 2019

Employment Law: important recent rulings by the Court of Cassation.

The Court of Cassation states the following principles:
1) The mere termination of the job performances is not sufficient to prove the dismissal but it is necessary that, even if orally communicated to the employee, the latter has to prove it.
2) If the fact challenged to the employee falls within the practice tolerated by the employer, the disciplinary dismissal must be considered unlawful due to lack of proportionality.
3) The judge can base his conviction on the existence of a just cause of dismissal also on evidences which derive from investigations carried out in criminal procedures.
4) An employee can ask the employer to have access to all his personal data, including those not having an objective nature, contained in documents that lead to business decisions.
5) In lack of social security provision according to Article 10 of Insurance Law on compulsory insurance in the workplace, there is no insurance coverage, therefore civil liability for accidents at work falls on employer.

7 March 2019
    • Tonucci & Partners