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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.

Bank of Italy published the transparency regulation, as amended after public consultation ended on September 10, 2018.

On March 19 2019, after public consultation ended on September 10, 2018, the Bank of Italy enacted amendments to the “Transparency Regulation” dated July 29, 2009 (as amended), in order to complete implementation in Italy of the Directive 2015/2366/UE (the “Payment Services Directive 2 -PSD 2”), and other law provisions (i.e. the Benchmark Regulation 2016/1011/UE, the EBA Guidelines on remuneration policies and practices in the sale of retail banking products and services, etc.).
Such amendments shall be effective starting from July 1st 2019, except for: (a) amendments to Section VI on payment services, and (b) amendments to Section XI, par. 3, on terms to respond to customers’ complaints, that (since are still subject to other public consultations) shall be effective on the date to be indicated by the Bank of Italy by future regulation.

Requalification for registration tax purposes, by the Tax Authorities, of the transfer/constitution of surface rights in a company sale agreement, in the renewable energy sector.

The intent of amendment of the art. 20 of d.P.R. no. 131/86 (T.U. Registry Tax), firstly through the art. 1, p. 87, of Law no. 205/2017 and then with art. 1, p. 1084, of Law no. 145/2018, was to bound the practice of Tax Authorities of qualifying differently the effects of the acts notarized, for the redetermination of the higher registration taxes. Two recent judgments, in the renewable energy sector, give us the opportunity to evaluate the process of requalification of contracts (in accordance with the art. 20 before the adaptations), but above all consider how the case law marks the boundaries of the Tax Authorities action.

Amendments to the Bank of Italy regulation on sanctions.

On February 7th, 2019, it was published on the Official Gazette nr. 32 the Bank of Italy Regulation that has amended the Bank of Italy “Regulation on sanctions and administrative sanctions procedure” dated December 18th 2012 (as amended).
The new provisions mainly aim at updating the sanctions procedure in compliance with the amendments set forth on the anti-money laundering sanction regime, by the Legislative Decree of May 25th 2017, no. 90, that has implemented in Italy the 4th Anti-money laundering Directive (i.e. Directive no 2015/849/UE).