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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.

Insurance – EIOPA – Supervisory committees authorities in terms of insurance distribution.

On October 10th 2018 was published the Decision n. BoS/18 – 340 issued on September 28th 2018 by the European Insurance and Occupational Pension Authority Supervisors Board which, among other things, deals on European Union scale with the coordination of single states Supervisory Authorities in the insurance sector.
The decisions provides significant clarifications on the activities which can be performed by the insurance mediators pursuing their business on freedom of providing services regime, contributing in defining the differences between such freedom and the freedom of establishment granted to the insurance mediators.

Protection of D.O.P. products: the Pomodoro San Marzano dell’Agro Sarnese Nocerino case.

The production and marketing of peeled tomatoes with the label “Produced in San Marzano D.O.P. – Region Italian Peeled Tomatoes” constitutes crime of “fraud in the exercise of trade” pursuant to art. 515 c.p., as well as crime of “sale of industrial products with untruthful marks” pursuant to art. 517 c.p., if the tomatoes used are not grown in a territory included in the D.O.P. specification.
This is what the Court of Cassation ruled with the decision no. 41714 of the 26th September 2018.

Amendments to the transparency regulation – Implementation of EBA guidelines on product oversight and governance arrangements for retail banking products.

On December 5th, 2018, after public consultation, the Bank of Italy enacted amendments to the Transparency Regulation (see the Bank of Italy Regulation, dated July 29, 2009, as amended), in order to implement EBA (European Banking Authority) Guidelines on product oversight and governance arrangements for retail banking products.

2019 Budget Law on smart working.

With regard to smart working, the 2019 Budget Law n. 145 of 30 December 2018 provides a facilitation meant for particular categories of workers through the provision of the obligation for employers to reserve priority of access to mothers during the three years following the end of maternity leave. This preference is also given to workers who have children in conditions of disability.

2019 Budget Law no. 145: news on hiring, employment, entrepreneurship.

The new 2019 Budget Law, approved by the Chamber of Deputies on December 30, 2018, came into force on January 1, 2019, integrating or modifying the changes introduced by the previous legislation on incentives for youth employment, to increase the hiring of companies and facilitations for entrepreneurship. In addition, the 2019 Maneuver introduces new measures to support people in poverty and newsiness for pensions, including citizenship income and c.d. Share 100.

Conflicts of interest: public limited companies have to prove the damage.

According to the art. 2391 of the Civil Code a public limited company, which files a claim for obtaining the compensation for the damages caused by the director who acts in a conflict of interest, has to prove the unjustified damage as well as the causal link with the responsible conduct.
This is what the Court of Cassation established with the ordinance n. 14072 dated 1st June 2018.

No geo-blocking: no limits for online shoppings.

As from 3rd December 2018 the geo-blocking will be forbidden by the new Regulation (EU) no. 302/2018. Therefore, within the EU, online shoppings will be possible throughout the European territory without restrictions due to the customer’s geographical location.

The new Legislative Decree reforming Sports Justice.

A new Legislative Decree just came into force and it reforms sports justice by some modifications of the administrative process Code: it particularly establishes the exclusive competence of Lazio TAR for all the matters relating to the admissions and exclusions of sports clubs from Italian football championships without prejudice to the possibility that Coni’s and Federations’ Regulations provide for competent courts in order to judge the matter and at fist instance.