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“Unit or index linked” insurance policies are ordinary investment contracts.

A very recent judgment of the Cassation, n. 10333 of 30 April 2018, taking again in exam the issue of the difference between insurance policies and financial investment contracts, held that – when in a insurance agreement the repayment of the invested capital is not guaranteed at the expiring date also due to clauses “unit or index linked” – the insurance agreement must be considered as a financial investment contract and not a life insurance policy.

14 June 2018

New stadium for 18 thousand.

Tonucci & Partners focus on sport sector is furtherly confirmed by acting as legal advisor of Venezia FC’

11 June 2018

Equity Crowdfunding is on the increase in Italy.

Equity Crowdfunding is growing in Italy. Carlo Scapra, Partner at Tonucci & Partners, will talk about it on 20th June in Padua, together with ODCEC Padova (Certified Public Accountants, Auditors and Advisors), BANCAETICA, STARSUP Crowdfunding portal and some of its protagonists in this practice .

7 June 2018

Bankruptcy: hunt for silent partner.

For the purpose of extending the bankruptcy to the so called “silent partner”, for which is not provided any time limit, the affectio societatis of the person apparently unrelated to the capital structure must be assessed on the basis of circumstantial evidence which shows a continuous and systematic support to the business activity.
This is what the Court of Padua ruled with the decree filed on 12th February 2018.

1 June 2018

Uber Pop: new sanctions on the way.

With judgement C-320/16 Uber France SAS the Court of Justice of the European Union established that the domestic regulation of a member state providing for restraints – also by means of criminal sanctions – for the service of intermediation between customers and persons offering road transportation services named “Uber Pop” shall not be notified in advance to the European Commission as set forth in section 1 of Directive 98/34/EC.

21 May 2018

Copyright: requirements for industrial design protection.

The reputation of the designer is relevant for the judgment concerning the existence of the artistic value. It is a necessary requirement for the protection, according to the copyright, of an industrial design work.
This is what the Court of Milan ruled with sentence no. 11942 dated 28 November 2017.

17 May 2018

Milan Axis for Florence.

Our Franco B. Campagni’s contribution to TopLegal dossier in its April / May issue concerning “Milan Axis for

14 May 2018

Call centers and management software tools: privacy is not an optional.

The monitoring of a call center operators by management tool software has been found to be unlawful, not only according to the applicable data protection law and regulations but also to the labour legislation on remote monitoring of workers pursuant to art. 4 Law no. 300 dated 20th May 1970 ( “Workers’ Statute”).

11 May 2018

Advertisements are now protected by copyright.

Advertising messages can be included amongst the “intellectual works” protected by the copyright law. Creativity and originality, necessary preconditions for the protection, subsist even when the work is characterized by a simple idea or notion already known by the subjects operating in the specific sector. However, they must be expressed and organized in an independent way.
This is what the Court of Cassation ruled with the ordinance n. 24062 filed on 12th October 2017.

8 May 2018

Infringement of compulsory maintenance: new art. 570 bis Penal Code. Critical analysis of the new law.

The new article 570 bis was introduced into the Penal Code on February 6-th.
The disposition under consideration provides for a specific case in point regarding the spouse who fails to fulfil the obligation of alimony payment due to dissolution or termination of marital status or marriage nullity which means infringement of economic obligations concerning divorce and children share foster care.
The regulation expression is subject to criticism because it seems to punish only the (non)performing spouse and not the parent obbliged to the alimony payment as well as seems applicable only in case of children share foster.

3 May 2018
    • Tonucci & Partners