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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.

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.