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Recent amendments to the legislation on the control body in limited liability companies.

Law 55/2019, which converted the Decree “sblocca cantieri” (Law Decree n. 32/2019), redefined the limits for the appointment of the control body or the auditor in ltd. companies, already amended by Legislative Decree 14/2019, containing the “Code of the business crisis and insolvency”. In particular, Law 55/2019 raises the thresholds by which the limited liability company must appoint a control body or an auditor, thresholds that was previously lowered by the new Code of business crisis and insolvency.

The Court of Milan decides on the Sisley-Amazon case: the selective distribution system of the luxury cosmetics brand prevails.

The Court of Milan, by Ordinance dated July 3, 2019, upheld the complaint brought by Sisley, a leading company in the luxury cosmetics market, against the giant Amazon and prevents the latter from selling on its marketplace products of the former alongside advertising products of with brands of lower market segments (act found detrimental to the prestige and image of Sisley’s luxury products).

Is a legal notice valid when delivered to a company’s operative site?

The Supreme Court, with its sentence n.10854/2019, has established when a judicial act is served on the company’s operative site is valid when such is different to that of the Headquarters.
In the event of a dispute, however, the notifying party bears the burden of proving that the place where the legal notice has been served is the actual place where the administrative and management activities are carried out.

The use of digital tools and processes in corporate law.

The European Parliament and Council Directive 2019/1151 of 20 June 2019 introduced to corporate law important changes in the use of digital tools and processes. The Directive requires Member States to implement, by 1st August 2021, procedures enabling the entire process online for the registration of new companies and/or branches. The purpose of such implementations is to facilitate and to reduce administrative costs associated with the incorporation of companies and the registration of their branches, in particular for micro, small and medium-sized companies.

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.