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Ferragamo’s trademark “Gancini”: the decision of the Court of Cassation.

The Court of Cassation ruled on the alleged infringement of the “Gancini” trademark, owned by Salvatore Ferragamo spa, by Ripani Italiana Pelletterie srl, and, by reforming the appeal judgement that excluded the counterfeiting, referred the matter to the competent Court of Appeal. The mechanism used by Ripani, indeed, is completely similar to the violated mark, whose shape recalls the greek letter omega “Ω”.This is what stated by the Court of Cassation with the ordinance n. 26001 of 17.10.2018.

15 March 2019

Insurance policies covering PPI fundings – Calculation of the insurance premium to be refunded in case of total or partial anticipated settlement of the loan.

On August 2018, IVASS published the regulation no. 39 providing, among other things, the procedure for the application of administrative sanctions, no. 40 bearing important news regarding insurance distribution and implementation of Legislative Decree no. 68 dated 21st May 2018 of transposition of the EU Directive 2016/97 (“IDD”) and no. 41 introducing provisions concerning the disclosure, advertising and implementation of insurance products.
The implementation process of the aforesaid regulations that is currently ongoing for the insurance companies and mediators surely brings an increase in the levels of protection of the insurance policyholder which certainly appears to be significant considering the whole regulatory framework adopted at a local level.

11 March 2019

Insurance policies covering PPI fundlings – Calculation of the insurance premium to be refunded in case of total or partial anticipated settlement of the loan.

On August 2018, IVASS published the regulation no. 39 providing, among other things, the procedure for the application of administrative sanctions, no. 40 bearing important news regarding insurance distribution and implementation of Legislative Decree no. 68 dated 21st May 2018 of transposition of the EU Directive 2016/97 (“IDD”) and no. 41 introducing provisions concerning the disclosure, advertising and implementation of insurance products.
The implementation process of the aforesaid regulations that is currently ongoing for the insurance companies and mediators surely brings an increase in the levels of protection of the insurance policyholder which certainly appears to be significant considering the whole regulatory framework adopted at a local level.

8 March 2019

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.

7 March 2019

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.

8 February 2019

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.

1 February 2019

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.

30 January 2019

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.

24 January 2019
    • Tonucci & Partners