Tag: 70 – LATEST NEWS & INSIGHTS 24 November 2023
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DOES CANCELLATION FROM THE REGISTER FOLLOWING JUDICIAL LIQUIDATION OF COMPANIES EXTINGUISH THE OFFENCE PUNISHABLE UNDER LEGISLATIVE DECREE 231/2001? THE COURT OF APPEAL DISAPPLIES THE MOST RECENT JURISPRUDENTIAL ORIENTATION OF THE COURT OF LEGITIMACY
With sentence no. 1419/2023, the Court of Appeal of Milan, ruling on the liability of entities for criminal offences pursuant to Legislative Decree 231/01, declared that there was no need to proceed against a company that was cancelled from the Company Register following liquidation. In particular, the Court of Appeal of Milan, taking up a…
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FAVOR PARTECIPATIONIS: WILL THE INTRODUCTION OF BONUS-AWARDING CRITERIA IN A PUBLIC TENDER PROCEDURE BY THE CONTRACTING AUTHORITY INFRINGE THIS PRINCIPLE?
In its judgement of 26 September 2023, no. 8512, the Council of State, Sec. III, expresses its opinion on the legitimacy of the bonus-awarding criteria for improved offers. As is well known, the bonus-awarding criteria are the requirements that bidders prove to possess (in addition to the award requirements) and for which an additional score…
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DOES THE COURT-APPOINTED TECHNICAL ADVISOR HAVE OPERATIONAL LIMITS?
The Court-appointed expert must fulfil the task entrusted to him or her by following the perimeter of investigation indicated to him or her by the judge; sometimes the Court’s Expert takes investigative initiatives on his or her own that seem to exceed the perimeter; the advice is not always null and void if the principle…
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GOOD NEWS ON THE ESTATE PLANNING FRONT
October brought a couple of positive news for those who are planning the distribution of their assets. First of all, with Circular No. 29 of 19 October, the Revenue Agency finally acknowledged that in the current Inheritance Tax system the so-called Reunion for Inheritance Tax purposes (coacervo successorio) is no longer applicable. This is the…
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PRIVACY: AN ASL WAS SANCTIONED FOR A HACKER ATTACK
The Garante for personal data protection (“Garante”) has fined an ASL (or Local Health Authority) in the province of Naples for 30,000 euros following a hacking attack that affected more than 840,000 people, including patients and employees. The Local health body (“ASL”) notified the Garante of a data breach, under Article 33 GDPR. The data…