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Bankruptcy: hunt for silent partner.

For the purpose of extending the bankruptcy to the so called “silent partner”, for which is not provided any time limit, the affectio societatis of the person apparently unrelated to the capital structure must be assessed on the basis of circumstantial evidence which shows a continuous and systematic support to the business activity.
This is what the Court of Padua ruled with the decree filed on 12th February 2018.

Uber Pop: new sanctions on the way.

With judgement C-320/16 Uber France SAS the Court of Justice of the European Union established that the domestic regulation of a member state providing for restraints – also by means of criminal sanctions – for the service of intermediation between customers and persons offering road transportation services named “Uber Pop” shall not be notified in advance to the European Commission as set forth in section 1 of Directive 98/34/EC.

Copyright: requirements for industrial design protection.

The reputation of the designer is relevant for the judgment concerning the existence of the artistic value. It is a necessary requirement for the protection, according to the copyright, of an industrial design work.
This is what the Court of Milan ruled with sentence no. 11942 dated 28 November 2017.

Call centers and management software tools: privacy is not an optional.

The monitoring of a call center operators by management tool software has been found to be unlawful, not only according to the applicable data protection law and regulations but also to the labour legislation on remote monitoring of workers pursuant to art. 4 Law no. 300 dated 20th May 1970 ( “Workers’ Statute”).

Advertisements are now protected by copyright.

Advertising messages can be included amongst the “intellectual works” protected by the copyright law. Creativity and originality, necessary preconditions for the protection, subsist even when the work is characterized by a simple idea or notion already known by the subjects operating in the specific sector. However, they must be expressed and organized in an independent way.
This is what the Court of Cassation ruled with the ordinance n. 24062 filed on 12th October 2017.

Infringement of compulsory maintenance: new art. 570 bis Penal Code. Critical analysis of the new law.

The new article 570 bis was introduced into the Penal Code on February 6-th.
The disposition under consideration provides for a specific case in point regarding the spouse who fails to fulfil the obligation of alimony payment due to dissolution or termination of marital status or marriage nullity which means infringement of economic obligations concerning divorce and children share foster care.
The regulation expression is subject to criticism because it seems to punish only the (non)performing spouse and not the parent obbliged to the alimony payment as well as seems applicable only in case of children share foster.

Personal data on TV: the compensation is confirmed if there is no consent.

A professional can claim for compensation for damages suffered as a result of the diffusion, without a prior consent, of his name in relation to the location of his professional office during a television program, and in a context different from the professional one.
This is what the Court of Cassation ruled with the ordinance n. 3426 dated 13th February 2018.

Real estates transfers to funds and indirect taxes.

We received communication of a position expressed by the Italian Tax Authority oriented to extend the repeal of indirect taxes (different from VAT) reduction in the matter of taxation of real estates transfers to funds, as contribution.

The recent criminal proceedings appeal reform.

Legislative Decree no 11 of February 6th 2018 concerning regulations in matter of appeal proceeding rules amendment which entered into force on March 6th 2018, was published by the Official Gazette on February 19th.
The Government has, thus, implemented the statement provided by 2017 Law no. 103 which outlines the criminal and criminal procedures law reform. The new regulations regarding the appeal procedures are clearly aimed at skimming the number of proceeding before the Courts of Appeal, simplifying the rules and reducing the possibility to appeal a sentence.