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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.

Employment and social law: important recent rulings by the Court of Cassation.

I. Dismissal after the probationary period: it is illegal if training is lacking. The Supreme Court declared on the legality of a dismissal ordered for the failure of the probationary period if the employer did not provide the pertaining training established by the National Collective Labour Agreement.

II. “Guarantee Officer”: the identification of the recipients of the safety requirements in complex corporate structures. According to the Supreme Court the identification of the recipients of the safety requirements imposed by the regulations for the prevention of work accidents in such environments must be based on the actually exercised functions and not on the qualification covered by people in charge.

III. Self-employed women: maternity benefits and time-off for the employee father.

Laboutin’s Red Sole is a valid trade-mark.

On 12th June 2018 the European Court of Justice (CJEU) declared in favor of the validity of Christian Louboutin red soles trademark (Case C-163/16). The decision was reached after years of litigation between Louboutin and the Dutch footwear company Van Haren. The case will continue before the Dutch Courts

Slow worker in work execution. For the judges of the Supreme Court dismissal is legitimate.

For the judges of the Supreme Court also the slowness at work, where unjustified, is indicative of voluntary negligence of the worker who, if manifested in a continuous manner, becomes punishable with the termination of the working relationship. With this, by establishing that there is a minimum of productivity under which work is no longer such. In these cases, the employer can fire the employee.

Tourist Packages: new rules to be implemented by tour operators starting from 1 July 2018.

By the new Law no. 62/2018 the Government has implemented the Directive no. 2302/2015 of European Parliament, aimed at regulating the rules concerning tourist packages and the relevant services. Especially, this legislative decree, meeting the needs at European stage, implies a ruling contribution required by the market concerning tourism, which has been lately run over by deep changes that have highlighted the necessity of new rules and of preservation regarding information obligations, professional responsability and travellers protection in case of tour operators insolvencies.