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The so called “Decreto Crescita” 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 “Growth Decree” 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 “5-year slide” in the context of the so called “Expansion Contract”: the possibility for “elderly” workers to retire 5 years earlier to encourage the hiring of new and “young” 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 “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.

The 2019 Italian Pension Reform and the incentives for hiring people in “ Citizen’s Income Relief Scheme”.

With the entry into force of the Law n. 26/2019, converting DL no. 4/2019, are changed the rules for retiring for interventions that provide for the introduction of the “quota 100”, in addition to the current retirement channels: “pensione anticipate e pensione di vecchiaia”(early retirement and old-age pension), together with the extension of the “Opzione donna” (female option) the extension for one year of “Ape Social” for the less-favoured categories, the suspension of the life expectancy adjustments of the early retirement, the facilitated redemption of the degree, the cd. “pace contributive” (Contributory peace) and the introduction of “Reddito di cittadinanza” (citizenship income) and other related measures.

Tax benefits for unspecialized employees : for football players and professional sportsmen, working in Italy is more convenient.

The cd. Growth Decree approved by the Government last Thursday 4 April and “subject to agreements”, therefore not yet definitive, provides, among different tax innovations, a particularly favorable treatment for the football players who come to play in Italy. In fact, by way of extension of the facilitated regime already in place for the c.d. “impatriati” (i.e. those who intend to transfer their residence in Italy), Irpef would apply only on 30% of the income taxable produced by unspecialized employees. The treatment would be even more advantageous in case the employee resides in a Southern Italy region, where the tax base drops to 10% of the income produced.