Tag: 73 -LATEST NEWS & INSIGHTS 2 February 2024
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INSIDER TRADING AND CONSOB SANCTIONS: CAN THE DISMISSAL OF CRIMINAL PROCEEDINGS PRECLUDE – IN ACCORDANCE WITH THE NE BIS IN IDEM PRINCIPLE – THE IMPOSITION OF ADMINISTRATIVE SANCTIONS?
In its judgment of 6 July 2023, the Court of Appeal of Milan, Civil Division, responded positively to the question by once again addressing the issue of the relationship between criminal proceedings and Consob sanctioning proceedings on insider trading. In the administrative proceedings, Consob (the Italian Supervisor) had charged an insider trader with violation of Article 187-bis,…
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SPECIAL POWER OF ATTORNEY FOR CASSATION JUDGMENTS: WE’RE FINALLY GETTING DOWN TO BUSINESS!
With judgment nos. 2075 and 2077 of 19 January 2024, the United Sections of the Supreme Court of Cassation clarified that the issue of a special power of attorney for litigation in proceedings of legitimacy, when authenticated by lawyers, does not require the spatial and temporal simultaneity of the assisted party’s signature with the drafting,…
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THE NEW ADVERSARIAL PRINCIPLE IN THE ITALIAN STATUTE OF THE TAXPAYER.
With Legislative Decree no. 219 of December 30, 2023, in force as of January 18, 2024, the Italian Government introduced article 6-bis of Law no. 212 of 2000, so-called Italian Statute of the Taxpayer, which provides for the obligation of prior adversarial proceedings between the tax authority and the taxpayer for any tax and for…
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DOES THE COMPETITOR’S FISCAL REGULARITY HAVE TO PERSIST THROUGHOUT THE ENTIRE TENDER PROCEDURE?
As is well known, according to Article 80, paragraph 4 of Legislative Decree No. 50/2016 (according to the new Code, this provision is re-proposed in Article 94, paragraph 6 of Legislative Decree No. 36/2023), if an economic operator has committed serious violations, definitively ascertained, with respect to obligations relating to the payment of taxes or…
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THE ENTRY INTO FORCE OF THE DATA ACT, A NEW STEP TOWARDS THE CREATION OF A EUROPEAN SINGLE DIGITAL MARKET.
On 11 January 2024, the Data Act, the new European Data Regulation on “harmonised rules on fair access to and use of data”, entered into force. It is part of the broader European strategy to create a single digital market and to acquire the Union’s leadership in the data sector and which will allow a greater…