The Italian Supreme Court has recently clarified the terms for the validity of the resolution of exclusion of members in unincorporated associations, allowing them to determine such exclusion for serious reasons.
The Italian Supreme Court has recently clarified that even a possible claim, such as a disputed one, may give rise to the creditor’s right to bring an ordinary revocation action.
The Court of Cassazione has identified two essential elements for the correct determination of the company’s will: the prior information of the shareholders on the commencement of the deliberative procedure and on the agenda; the Court has therefore sanctioned with nullity the resolution adopted in violation of such requirements.
The United Sections of the Supreme Court, in resolving a question of principle of particular importance, have set out the principle of law that, in the contract of sale, the out-of-court manifestations of the buyer’s intention to bring the action of guarantee represent appropriate acts interrupting the limitation of the action for defects.
The Italian Data Protection Authority has adopted and published on its website a personal data breach reporting form, outlining the information to be necessarily communicated to the Authority, for the purpose of simplifying the correct fulfilment of the administrative obligations imposed on data controllers with reference to any possible data breach pursuant to art. 33 of Regulation (EU) 2016/679 – General Data Protection Regulation (the “GDPR”).
By interlocutory order, the Italian Supreme Court referred the proceeding to the First President, in order to assign to the United Sections the question of principle of who, in terms of opposition to an injunction, between the defendant and the opposing plaintiff, has the burden of initiating mediation
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, 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).
On July 31, the Italian Data Protection Authority has provided its opinion concerning the draft of the Legislative Decree implementing the 5th Anti Money Laundering Directive (2018/843/UE).
In data 31 luglio 2019 è stato pubblicato il parere del Garante per la protezione dei dati personali
Recently the Italian Supreme Court with its judgement specified that for a power of attorney which is granted abroad, the Notary will be required to personally identify the person who physically signs the document.
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.
