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Safety at work: in addition to the risk mapping, precautionary measures need to be identified.

By judgment no. 19030/2017, the 4th criminal division of Supreme Court has provided several guidelines on the assessment and the protections according to the Legislative Decree no. 80/2008 concerning health and safety at work.

The Court pointed out that “even if the risks have been correctly assessed but precautionary measures are still lacking, there is still a failure of the assessment, which includes not only the risk mapping and the risk analysis but also of the identification of the necessary precautionary measures to be implemented”.

UK – IP professionals ask the Government to continue the application of the European Law after Brexit.

In the UK professional services are thinking about how the post-Brexit will be or shall be. CIPA
gave its directions, along with the most important institutes of the British sector. It also participated in the drafting of a joint note with the Law Society, the IP Bar, CITMA and the IP Federation on what the government ought to seek to achieve in relation to intellectual property rights after Brexit.

Reopening of land and not listed participation reassessment.

Art. 1 co. 997 – 998 of Law no. 205/2017 (so called 2018 Budget Law) had deferred the system of redefinition of land acquisition cost and land acquisition price and value (being it rural or building site), as originally provided by Art. 7 of Law No 448 of 28.12.2001.

The “Sport Package” of the 2018 Budget Act: what’s new for the Italian football?

The Law No. 205 of 27 December 2017 (“2018 Budget Act”) introduced several new regulations for the sport sector.

In particular, in order to implement the investments within the sport sector, the Italian Government approved the twenty two ad hoc measures contained in the so-called “Sport Package”.

These measures form a set of rules regarding both amateur and professional sport; they rapresent a real revolution which concerns all the fiscal and organizational Italian sport clubs regulations. However, the aforesaid law, in force as of 1 January 2018, will bring important changes especially within the Italian football.

The following is a summary of the main provisions of interest:

 contributions for football stadiums and sports facilities in order to encourage their modernization and valorization;

 distribution of the revenues arising from the selling of the Serie A Championship television rights in order to allocate more financial resources in favor of the smaller companies;

 introduction of a new amateur sport clubs for profit;

 the establishment of a Sport Agents National Register in order to ensure the professionalism of the sport agents;

 contributions and incentives in favor of the clubs which invest in young players under 21;

 other measures: including but not limited to, reform of the professional sportsmen pension system; establishment of the right to practice sports in favor of the non-EU minors.

Employment changes as provided for by the 2018’s Budget.

The Government Budget Law for 2018 has enacted several measures to increment the employment; to this aim the Government has also used again the tax reliefs for the hiring of new personnel . Moreover there are new provision for early retirement and severance payments.

Plea bargaining effective only after tax debt off payment.

Court of Cassation ruling n. 169 dated January 8-th 2018, confirms the validity of the art. 13-bis of Dlgs. 74/2000 (as per amendments brought about by Dlgs. 158/2015), despite quite a lot of concerns raised in jurisprudence.
The above mentioned regulation gives to the guilty the possibility to plea bargain only after the mitigating circumstance of a total tax debt off payment, inclusive of all administrative sanctions and their interests, but prior to the starting of the first degree hearing or by full active repentance.

The new “for profit” amateur sport clubs.

The Italian Budget for 2018 has introduced several provisions with the purpose of encouraging the process of modernization of the amateur sports sector. Inter alia, the opportunity to establish “for profit” the amateur sport clubs is certainly one of the most relevant innovations.

New regulation on GSE’s powers in imposing sanctions – Possibility of voluntary disclosure.

The so called Benamati amendment to 2018 Financial Law – amendment approved in early December – aims at trying to make more flexible the GSE sanction system following GSE’ surveys on renewable energy plants.
The goal is to introduce a more proportional sanction system based upon the type and the rank of the violations ascertained by the GSE as well as a mechanism of voluntary disclosure to settle the consequences of possible violations thus further reducing the relevant sanctions applied by the GSE.