In this issue we talk about ...
1) Euribor: conduct of banks in violation of the principles regulating competition and the free market
2) Europlanning 4.0: the new frontier of European projects
3) Airbnb and condominium: is a combination always possible?
4) Breakdowns, deteriorations and defects of the rented property: remedies are the responsibility of the tenant
by Pierangelo Bordino
In the matter of real estate leasing, one of the issues that lead to the onset of disputes derives from the fact that the tenant, having taken over possession and enjoyment of the property, ascertains the existence of problems that compromise the enjoyment of the leased property. But what can the tenant do to protect himself in the event of such circumstances?…
by Andrea Castellano
May is the month of preparation for summer holidays. Everything is now ready, suitcases, train or plane tickets have already been purchased, the destination is close. But where to stay?
For a few years now it has become much cheaper to "take an AirBnB" rather than the always valid Hotel for a less eventful holiday...
by Alessandro Pascale
How many times do we take out mortgages and variable rate financing with banks and finance companies, but how many times do we really understand the way in which the rate we have to pay is calculated and applied?
The variability of the rate is almost always based on parameters that are incomprehensible to non-experts, and with reliability that remains to be demonstrated...
by Daniele Lonardo
From 8 to 10 April 2024, the first advanced training course in Europlanning organized by Assoeuro (Italian Association of Europlanners, https://www.assoeuro.it/) took place in Brussels with the aim of supporting the training of associates, transmit the new skills used by the European Commission for the two-year period 2024/2025 and open up to a wider audience of operators...
In this issue we talk about ...
1) AI Act – European regulation on artificial intelligence
2) No taxes on donations between parents and children!
3) The taxation of building violations and the very recent Plenary Meeting
4) Parental Coordination
by Sara Commodo
On 13 March 2024, the European Parliament approved by a very large majority (523 votes in favour, 46 against, 49 abstentions) the European Regulation on artificial intelligence, the so-called AI Act, the first regulatory framework on artificial intelligence. It is a historic document because it is the first worldwide, after the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence signed by Biden on October 23rd…
by Edoardo Maria Commodo
Although of primary interest as a common topic that concerns the majority of people at a certain stage of their lives, the discipline to be adopted in such circumstances, and therefore in cases of acts of generosity between parents and children, until a few days ago was far from clear. To eliminate any aspect of uncertainty on this point, the Supreme Court had to intervene, called to express its opinion on an appeal presented by a private individual...
by Gregorio Torchia
The 'taxation of building abuse' represents an alternative and derogatory sanction compared to the primary one that arises from the verification of building abuse, consisting in the demolition and restoration of the state of the places. “Taxation” is permitted – exceptionally – when in the execution phase of the restoration and/or demolition sanction, the municipal technical office ascertains that the demolition of the illegal part is not possible without compromising the approved part…
by Chiara Imerone
The recent Cartabia reform provides, among other things, interventions and implementations aimed at giving greater efficiency in proceedings relating to individuals and families. Efficiency, according to the reform, should be achieved on the one hand by pursuing unity of jurisdiction through the creation of the Family Court and on the other by making greater use of ADR (Alternative Dispute Resolution), i.e. alternative techniques to the judicial procedure for the resolution of the conflict…
In this issue we talk about ...
1) PFAS: an acronym that hides many risks... How to protect yourself?
2) Defective sleep apnea devices: the Milan Court of Appeal condemns Philips-Respironics
3) Protection of the environment and future generations: analysis and perspectives two years after the entry into force of the constitutional amendment
4) Single national table (TUN) for macro-injuries: integrality and fairness of compensation unjustifiably crushed by the secondary need for certainty of insurance costs...
5) Global Justice Network (GJN) – 2024 Edition, London 8 and 9 February
6) The institutional video of our law firm has been published
by Davide Gatto
Last January 16, the Council of Ministers approved the proposal for the Presidential Decree regarding the "Single Table of the pecuniary value to be attributed to each single point of disability between 10 and 100 points for the quantification of non-pecuniary damage, in its biological component and moral, for minor injuries"...
by Daniele Lonardo
The conference entitled: “Environmental protection and future generations” took place on Monday 26 February 2024 in the prestigious Zuccari Hall of the Senate of the Republic (Palazzo Giustiniani in Rome). Analysis and perspectives two years after the entry into force of the constitutional amendment", organized by WWF Italy. After the institutional thanks and greetings from the Vice President of the Senate, Maria Domenica Castellone, read by the WWF Italy President Luciano Di Tizio, the latter opened the conference by underlining…
by Stefania Gianfreda
PFAS are perfluoroalkyl chemical substances used to make materials resistant to grease and water and for this reason they are used in various products: non-stick pans, clothing, food packaging, fire-fighting foams, household detergents etc... The acronym PFAS contains at its inside more than 10.000 different compositions and formulations…
by Stefano Bertone
The story originates way back in June 2021 when the Dutch multinational Philips alerted the competent authorities to the danger associated with some medical breathing devices, the use of which could pose risks to the health of patients suffering from sleep disorders and neurological diseases. muscular…
of Ambrosio & Commodo Studio Legale Ass.to
On 8-9 February, the 14th "Meeting and Workshop" of the Global Justice Network, a network of professionals bringing together dozens of law firms from over 25 countries, who collaborate in the area of collective compensation actions at an international level to protect victims…
of Ambrosio & Commodo Studio Legale Ass.to
Today we present the institutional video of our firm. With an exciting journey through our history, values and commitment to our clients, you will immerse yourself in the very essence of our mission and our dedication to providing quality legal assistance for over forty years. Get ready to discover the beating heart of Ambrosio & Commodo…
In this issue we talk about ...
1) Influencer: the end of the Wild West!
2) Unused holidays must be compensated, even among the public
3) To condone or not to condone?
4) Compatible spare parts: is it legal to market spare parts that reproduce the car manufacturer's brand? The AUDI case
by Stefano Maria Commodo
The Ferragni-Balocco affair has highlighted a phenomenon that has been well consolidated for years, but until now little known, in particular due to the large economic interests it involves and the excessive power of this new protagonist of advertising communication, namely the influencer...
by Paolo Buzzelli
A worker who has not been able to take all days of paid annual leave before resigning is entitled to a financial compensation. Member States cannot cite reasons related to the containment of public spending to limit this right. The Court of Justice of the European Union decided this by ruling on the case of a public employee of the Municipality of Copertino (province of Lecce)…
by Gregorio Torchia
Presidential Decree 380/2001 (Consolidated Building Act) collects the Urban Planning and Building regulations of our country, and now, although largely integrated by regional laws and local regulations, it is no longer sufficient to regulate sector regulations. This is proven by the numerous practices stuck in the municipal technical offices...
by Fabrizio Lala
Last January 25th, the Court of Justice of the European Union ("CJEU") issued a ruling of certain interest in the field of compatible car spare parts. The Court has in fact ruled on the legal consequences of the marketing of non-original spare parts, which include a faithful reproduction of the brand of the car on which the spare part will be mounted...
In this issue we talk about ...
1) Artificial intelligence: a human challenge between manipulation, control and rules – Conference on 01/12/2023 at the San Carlo Study Center
2) Focus Horizon Europe: intellectual property and open science (EP. 2)
by Gaetano Catalano
Unfortunately, it is well known that many vehicles are in circulation without the mandatory insurance coverage for Civil Liability for Motor Vehicles, either due to the abnormal costs charged by the Companies or due to the situation of generalized economic crisis and the inflationary period. The consequence of this phenomenon is that it may happen that, in the event of an accident, the responsible vehicle is not insured and therefore may become…
by Fabrizio Lala
On 1 December 2023, a few days after the decisive meetings between the EU institutions regarding the regulation on artificial intelligence (known as the "AI Act"), the conference Artificial Intelligence was held in Turin, at the San Carlo Study Center : a human challenge between manipulation, control and rules. The meeting, introduced and moderated by the attorney Stefano Maria Commodo, saw the participation of academics, professionals and experts in the field of artificial intelligence (AI)…
by Daniele Lonardo
In the previous article of the Monthly Newsletter[1], we approached the Call of Proposal called “Capacity building on Intellectual Property: management to support open science” (translated from English: Capacity building on the management of Intellectual Property to support open science) . This financing line is structured on 4 strands…
In this issue we talk about ...
1) The fairness of remuneration pursuant to art. 36 of the Constitution
2) The sweet war of Giandujotto... Turin chocolatiers against Lindt!!
3) Beach concessions: game over?
4) Focus Horizon Europe: intellectual property and open science (EP. 1)
by Paolo Buzzelli
The table minimums envisaged by the collective bargaining are supported by a simple presumption (so-called iurissoluto) regarding their adequacy with the principle of fairness of remuneration, enshrined in the art. 36 of the Constitution, so that the judge, with adequate and prudent motivation, can evaluate whether a salary, formally adhering to the minimum schedules established by collective bargaining, is also suitable to guarantee the recipient worker a dignified existence as well as a poor one...
by Fabrizio Lala
The CioccolaTò event in Turin was the scene of a clash with the protagonist being the gianduiotto, the well-known Turin chocolate made with chocolate and hazelnut. The controversy is part of the story that began with the request for recognition of the PGI "Giandujotto by Torino", presented by the specific Committee established in 2017 with the participation or support of historic companies such as...
by Gregorio Torchia
With the ruling of the EU Court of Justice (C-348/22) of 20.4.2023, the orientation which prohibits the automatic renewal of state concessions is confirmed, which must be the subject of an impartial and transparent selection procedure, as was already clarified by the well-known twin sentences of the Plenary Assembly, namely numbers 17 and 18 of 2021...
by Daniele Lonardo
The financing line that we are going to analyze in the next monthly newsletters is part of the Horizon Europe Program (formerly Horizon 2020), the European Union framework program exclusively dedicated to the research and innovation (R&I) sector with an overall financial allocation amounting to approximately 95,5 billion euros, for the seven-year period 2021-2027...
In this issue of our Newsletter we talk about…
1) Medical liability: macro damage / loss of life
2) REPETITA IUVANT: Prescription. Medical expenses. Interest pursuant to art. 1284, IV paragraph of the Civil Code.
3) Turin proposal for the settlement of non-pecuniary damage from the loss of the parental relationship
by Renato Ambrosio
In recent years, the work of the attorney expert in compensation for personal injury resulting from medical liability has undergone a numerically significant increase, especially in the most serious cases which have resulted in the death of the patient or very significant injuries...
by Angela Prino
During the year that is drawing to a close, the Supreme Court has once again decided on legal issues of significant interest, in particular from the point of view of the damaged party, to reiterate and consolidate some principles which unfortunately are still frequently disregarded by the courts of I deserve…
by Davide Gatto
What compensation for non-pecuniary parental damage? Milan, Rome or something else?
The identification of the criteria for the settlement of parental damages and the operational methods for quantifying the same in recent years and still today are issues at the center of both the purely legal and political insurance debate...
by Sara Commodo
In this era of social networks and, in particular, in this era of sharenting (that neologism that derives from the portmanteau of "share" and "parenting"), one of the issues most subject to discussion in couples who are approaching separation, divorce or the dissolution of their union concerns the publication by one parent of photographs depicting minor children without the consent of the other...
A&C Newsletter – September 2023.
In this issue we talk about ...
1) Medically assisted procreation: what happens if the man thinks again
2) Collation between family members
3) The “Caivano Decree” is law
4) The SAR and the suspension of sales of the iPhone 12 in France
by Stefano Bertone e Daniele Lonardo
On September 12, 2023, the French National Frequency Agency (acronym ANFR) announced the temporary suspension of sales in France of the iPhone 12, one of the best-selling smartphones in the world.
The reason? According to the Authority, this device exceeded the "limits" allowed by European regulations in terms of specific absorption rate or SAR...
by Chiara Imerone
The hereditary collation is an institution regulated by art. 737 of the civil code which establishes that “The children and their descendants and the spouse who contribute to the succession must confer to the co-heirs everything they have received from the deceased by donation directly or indirectly, unless the deceased has exempted them from this. The collation dispensation does not produce an effect except within the limits of the available quota"...
by Sara Commodo
With law 40 of 2004, our system regulated access to medically assisted procreation techniques which can be used in cases of clinically proven sterility or infertility.
The procedures can be accessed by couples of adults, of different sexes, married or cohabiting, of potentially childbearing age and both living who have jointly expressed informed consent in written form to the doctor in charge of the facility.
by Tommaso Maria Giorgi
On 15 September 2023, Legislative Decree no. was published in the Official Journal. 123/2023, containing "Urgent measures to combat youth hardship, educational poverty and juvenile crime, as well as for the safety of minors in the digital environment", better known as the "Caivano Decree". The provision, composed of 16 articles divided into 4 chapters, in fact follows the sad episodes of violence that occurred by some minors against two very young cousins in the now well-known municipality in the province of Naples...
A&C Newsletter – July 2023.
In this issue we talk about ...
1) The rights of air passengers
2) A new front for the Italian citizen: the dispute over the cadastral categories of real estate
3) Europrogetta-to: the compass for orienting oneself in the vast sea of European funding [ep. 10]
by Edoardo Maria Commodo
As per good local tradition, these days most Italians are heading towards those meticulously selected destinations to spend their well-deserved, albeit always too short, holidays. In fact, the summer period is certainly one of those in which the airports reach peaks of attendance, also besieged by less frequent travellers...
by Alessandro Pascale
Once it was said that a property "does not eat or drink", a clear concept to say that the "brick" was a security and stability for family assets, without particular management costs. There was therefore a certain satisfaction in having one's property registered as "stately", a trend that was consolidated following the entry into force of the law on fair rent - law 392/1978 ...
by Daniele Lonardo
The objective of the "Europrogetta-TO" section is to accompany our readers in a mini-course concerning the theme of Europrojecting and, more generally, the funding opportunities allocated by the European Commission. This contribution is the last of the series: at the end of the article, two "news" for our assiduous readers! Enjoy the reading!
In this issue we talk about ...
1) Possibility of cumulation between indemnity from accident policy and compensation for damages. A new hope from the Court of Milan
2) Is it better to postpone the payment of the amount due trusting in the length of the legal proceedings? The revirement of the cassation on the interests
3) Car damage: the Cassation brings back the saying "who breaks, pays"
4) Indirect discrimination: obligation to build a raised platform at the Verona Arena for people with disabilities
by Daniele Lonardo
The Italian paralympic ski champion Sofia Righetti has sued Vivo Concerti srl, Fondazione Arena by Verona and Arena by Verona srl claiming that she was subjected to discrimination - both direct and indirect - on the occasion of the Evanenscence concert, held at the Arena by Verona in 2019. The appellant complained, in fact, that she had not been able to attend the concert of non-lyrical music as the spectators who had purchased the tickets in front of her had attended the performance standing up,..
by Gaetano Catalano
According to the jurisprudence of legitimacy (see the four twin judgments of the United Sections of Cassation N° 12564 and subsequent ones of 2018) there did not seem to be any doubts about the question posed in the title of this article: the injured party by unlawful conduct by third parties could not accumulate the indemnity received from your own accident policy with compensation for the damage to be paid by the responsible…
by Chiara Ghibaudo
All judicially sanctioned pecuniary obligations are fulfilled with a considerable delay compared to their onset and in such cases the creditor, in areas other than commercial transactions, often sees the principal sum recognized but almost nothing as interest despite a delay of several years. Interest is an ancillary service, typical of pecuniary obligations which is recognized through…
by Andrea Castellano
Unfortunately, having a road accident can reserve nasty surprises where the value of the car is lower than the cost of its repairs. In this case, in fact, the prevailing jurisprudence held that the compensation limit corresponded to the commercial value of the damaged vehicle, with the consequence that in the case of small dated vehicles (think of the case of the so-called "battle" vehicles used by families for citizens) even in the face of modest damage, the compensation, based on its low commercial value, would not have covered the costs for the repair...
A&C Newsletter – May 2023.
In this issue we talk about ...
1) The concept of accident at work
2) Right to housing: an urban planning problem
3) Two days with Robert Lieff
4) EuroprogettaTO: the compass for orienting oneself in the mare magnum of European funding [EP. 9]
by Stefano Bertone
Last week we had the honor and pleasure of hosting our American friend and colleague Robert L. Lieff in Turin.
Bob was the founder of Lieff, Cabraser, Heimann & Bernstein LLP (San Francisco – New York) and is one of the most influential attorneys in modern and contemporary judicial history. A pupil and then a partner of Melvin Belli (known as The King of Torts, attorney, essayist, actor in Star Trek !) he conceived and participated in some of the most important pages of compensation for damages known…
by Paolo Buzzelli
An accident at work means any injury originating, during work, from a violent cause which determines the death of the person or partially or totally impairs his/her working capacity. The elements of the accident at work are:
– the injury
– the violent cause
– the job opportunity
...
by Gregorio Torchia
In recent weeks, the story of high rents in large Italian cities has made headlines. The theme is undoubtedly political, but there are interesting legal implications.
The question that arises is how economic freedom (art. 42 of the Constitution) is balanced with the duty of solidarity (art. 2 of the Constitution; art. 47 of the Constitution) and what are the responsibilities of the local administrations which, due to negligence in recent decades they have not built subsidized housing, including the student residences…
by Daniele Lonardo
The objective of the “Europrogetta-TO” section is to accompany our readers in a mini-course concerning the theme of Europrojecting and, more generally, the funding opportunities allocated by the European Commission. This contribution represents the Episode n. 9 and, today, we are talking about Artificial Intelligence applied to European planning. Enjoy the reading!
A&C Newsletter – April 2023. In this issue we talk about…
1) PRESS RELEASE: PHILIPS, CPAP and VENTILATORS WITHDRAWN, MILAN APPEAL FOR CRIMINAL CONFIRMATION - Roberti, Apnoic Association: we will supervise the execution of the recall campaign
2) April 28, 1977: the assassination of the attorney Fulvio Croce
3) Condominium expenses: always a problem between payment reminders, recovery actions and good coexistence
4) EuroprogettaTO: the compass for orienting oneself in the mare magnum of European funding [EP. 8]
Turin – Rome, 28.04.2023
In the face of the news circulated yesterday regarding the dispute on the recalled respirators, Luca Roberti, President of the Italian Apnoic Association intervenes:
"AAI welcomes with extreme satisfaction the decision of the Court of Appeal of Milan not to grant the suspension of the sentence issued by the Court of Milan on March 30, and therefore to confirm the penalty of
by Stefano Maria Commodo
The power of the example. The normal heroism of Fulvio Croce, attorney in Turin.
46 years ago, under fire from the Red Brigades, a gentleman from Turin fell: the attorney Fulvio Croce, President of the Turin Bar Association. It seems nice and necessary to remember Fulvio Croce, who gave us a concrete example of how you can be a hero by doing what you do every day, to avoid that such a dramatic story, in which light and shadow merge, is completely forgotten…
by Mauro Ambrosio
All condominiums are required to participate in the condominium expenses, necessary for the maintenance and conservation of the common parts and services. However, it is not uncommon for some people to refuse to contribute.
In this regard, it should be remembered that it has been ten years since, with the entry into force of Law 18/2013 on 220 June 2012, better known as the "New condominium reform", the principle of "subsidiary solidarity" was introduced...
by Daniele Lonardo
The objective of the "Europrogetta-TO" section is to accompany our readers in a mini-course on the theme of Europrojecting and, more generally, of the funding opportunities allocated by the European Commission. This contribution represents the Episode n. 8 and, today, we are talking about the CERV Programme, an acronym for Citizens, Equality, Rights and Values. Enjoy the reading!
[Update of 07/04/2023]
As far as Philips CPAP – BPAP fans are concerned, Italy's first class action in the health sector is brought to fruition. The lawsuit had started in Turin from the Italian apneic associations and Adusbef. Now Philips and Respironics Deutschland have 24 days to replace 70.000 fans: court ordered…
of Ambrosio & Commodo Studio Legale Ass.to
The Court of Appeal of Turin reforms the sentence of first instance and halves the amount of the contribution to maintenance that Piero Chiambretti - assisted by the attorneys Stefano Commodo and Sara Commodo of Studio Ambrosio & Commodo of Turin together with my colleague Benedetta Baggi of Milan – will have to pay for her daughter…
A&C Newsletter – March 2023. In this issue we talk about…
1) BABY GANG: beware parents!! You may have to compensate for the damage caused by your little ones!!
2) "CARTABIA REFORM": objectives and criticalities
3) Rented uterus: can a wish become a right? Or a universal crime?
4) EuroprogettaTO: the compass for orienting oneself in the mare magnum of European funding [EP. 7]
The controversy around the practice of "surrogate motherhood" or "rented uterus" was unleashed in the media and in our homes, after the Government instructed the mayors not to accept transcripts of birth certificates of children conceived abroad through this practice. The controversy has been fueled by hyperbolic approaches, such as the accusation of Italy of leaving "millions" of children without protection, when it is well known that the issue, at least in our country, concerns a few hundred cases...
The phenomenon of the so-called baby gangs, which has its roots in urban contexts, consists in the formation of gangs of minors dedicated to crime, often led by adults, who express their frustration and aggression through systematic acts of violence and vandalism. For the most part, these are very young people capable of understanding and wanting, that is, perfectly capable of understanding the social negative value of the conduct perpetrated in this way…
The Cartabia reform refers to the reform of the Italian Constitution approved by the Parliament in 2021.
The most significant aspects of the reform include:
-Cut of parliamentarians.
-Regional powers.
-Suppression of the CNEL.
-Reform of Justice.
- Gender equality.
-Repeal of the CNEL.
-Introduction of the principle of subsidiarity.
The objective of the "Europrogetta-TO" section is to accompany our readers in a mini-course concerning the theme of Europrojecting and, more generally, the funding opportunities allocated by the European Commission. This contribution represents the Episode n. 7 and, today, we continue with the deepening of the Creative Europe Program (acronym CREA, Creative Europe Programme)…
CAUTION!!
FROM 28 FEBRUARY 2023 THE MOST RELEVANT PART OF THE CARTABIA REFORM WHICH HAS CONSIDERABLY MODIFIED THE CIVIL PROCESS COMES INTO FORCE.
ANYONE OF OUR READERS RECEIVES A JUDICIAL DOCUMENT, DO NOT DELAY AND BRING IT TO THE VIEW OF A LEGAL AS SOON AS POSSIBLE.
THE TERMS OF THE PROCEDURE CHANGE: ONLY THROUGH A TIMELY INTERVENTION CAN AN EFFECTIVE DEFENSE BE ENSURED.
by Mauro Ambrosio
While for months a solution was sought to the issue of tax credits stranded in the drawers of banks, businesses, citizens and towns, the Government unexpectedly, drastically and suddenly blocked the possibility of benefiting from the superbonus and other building subsidies in the two alternative ways to the deduction…
by Sara Commodo
Even with the Cartabia Reform, our legislator intended to deal with the increasingly emergency phenomenon of domestic or gender-based violence, a phenomenon in which coordination between the various judicial authorities that can be invested with the problem is crucial. In fact, it is known that family civil litigation increasingly coexists with initiatives taken by the same parties in criminal proceedings…
by Chiara Imerone
The divorce allowance is a periodic financial contribution that the ex-spouse, generally the ex-husband, is obliged to pay in favor of the other ex-spouse, generally the ex-wife, when the latter does not have adequate means or does not if he can get them for objective reasons. The Judge, called upon to quantify the amount of this check, must carry out an assessment taking into account a series of criteria specifically indicated in the law on divorce…
by Tommaso Maria Giorgi
Our legal system recognizes the importance of the grandfather-grandchild relationship and protects it from a legal point of view through article 317 bis, paragraph 1, of the Civil Code, which establishes the right of ancestors to maintain significant relationships with their grandchildren and provides that, if the exercise of this right is prevented, grandparents can appeal to the judge so that the most suitable measures are adopted in the exclusive interest of the minor...
In this issue we talk about….
1) Credit assignment 2023: block (definitive?) of new credit assignments and invoice discount. Save work in progress. Let's see the new rules after the transfer decree
2) Cartabia reform: a further step against domestic or gender-based violence
3) New cohabitation and divorce allowance
4) The "right of access" of grandparents and the (prevailing) interest of the minor
by Gaetano Catalano
The recent decision of 20.01.23 by the FIGC Court of Appeal to condemn Juventus to a 15-point penalty and the inhibition of its management team from carrying out activities within the Federation for periods ranging between 8 and the 30 months…
by Daniele Lonardo
The event conceived and promoted by the Piedmontese UCID (Christian Union of Entrepreneurs and Executives) Youth Group, entitled: "Faith and Metaverse : possible combination?” and with the patronage of Economy of Francesco. The Holy Father, in addressing the young people present at the XXVII World Congress of UNIAPAC…
by Daniele Lonardo
In this issue we talk about the Creative Europe Program which, in the 2021-2027 multiannual programming, has a much more substantial budget than the previous 2014-2021 programming (1,47 billion euros) and today set at approximately 2,44 billion euros. The objective of this line is to implement a series of actions aimed at strengthening the cultural diversities present on the European territory as well as responding effectively to the needs and challenges of the cultural and creative sectors, already seriously compromised due to the COVID-19 pandemic.
In this issue we talk about ...
1) Faith and Metaverse: possible combination?
2) EUROPROGETTA-TO: the compass for orienting oneself in the mare magnum of European funding [EP. 6]
3) Juventus penalty: a rare case of application of a special legal institution
by Enrico Sorano
Lecturer at the Department of Management - University of Turin
As already illustrated in last July's Newsletter, in public and healthcare companies, the recovery of productivity and performance measurement and management systems will have to characterize the attention of the future political agenda, to contribute to the improvement of the effectiveness and quality of both services provided and of care for the benefit of the community…
by Gregorio Torchia
It is known that digital identification was born to allow citizens to access PA services, however a reverse communication channel has not yet been envisaged, at least in a widespread manner. Moreover, with the progressive digitization of services by the Administration, there has been talk of digital citizenship, but the term is used to identify functions that already allow you to do SPID, i.e. quick access…
by Alessandro Pascale
The millesimal tables can be modified by a majority of the condominiums gathered in the assembly. Unanimity is in fact necessary only if there is an intention to derogate from the criteria set out in art. 1123 civil code.
The resolution can therefore be challenged against the condominium, in the person of the administrator, without the need to sue the entire condominium structure ...
by Daniele Lonardo
In the previous article of our monthly Newsletter we have deepened the cd. Project Cycle Management, hinting at the various phases that make up the Project Cycle, an ad hoc methodology coined by the European Commission and aimed at helping entrepreneurs-clients in drafting a winning European project…
In this issue we talk about ...
1) Simplification, quality and transparency: rethinking the Public Administration
2) Digital Identity: what next?
3) The modifiability of the condominium millesimal tables by majority
4) EUROPROGETTA-TO: the compass for orienting oneself in the mare magnum of European funding [EP. 5]
Press review about the sentence of the Turin Court of Appeal, on the story of the Aostan technician who fell ill with an ear tumor caused by prolonged use of the mobile phone
by Erika Finale
The jurisprudence, even recently, has repeatedly dealt with the consequences of the omitted and / or delayed diagnosis in the oncological field, in particular by investigating the possible responsibility of the healthcare professional in the face of an omitted diagnosis of a tumor, which then caused a extension of the pathology which involved a therapeutic process that could have been avoided in the event of a timely diagnostic assessment ...
by Paul Sombilla
It is debated whether an erroneous administrative fine for a violation of the Highway Code, if paid or not promptly challenged, may or may not constitute an element of culpability in the cause of a road accident. From this point of view, the presence of a complaint report already paid or not challenged even if vitiated by errors, with a consequent risk ...
by Ludovica Ambrosio
Our civil code classifies animals as "things" and, consequently, they are not subject to law. Therefore, should an animal cause harm to an individual, the latter will have to address its complaints to its owner. The responsibility for the damage caused by an animal lies, in fact, with the owner and this happens not only in the event that the animal is in his custody, but also in the event that it is lost or escaped ...
by Daniele Lonardo
The aim of the “EuroprogettaTO” column is to accompany our readers in a mini-course on the subject of European planning and, more generally, on the funding opportunities allocated by the European Commission. This contribution represents Episode n. 4 and we will go to deepen the cd. Project Cycle Management (acronym PCM) or Project Cycle Management. Enjoy the reading!…
In this issue we talk about ...
1) Medical liability damages due to omitted or delayed diagnosis of tumor pathology
2) "I was fined, but I am right": the value of the administrative sanction for the purpose of determining liability in the event of a road accident
3) Responsibility for the damage caused by the pet
4) EUROPROGETTA-TO: the compass for orienting oneself in the mare magnum of European funding [EP. 4]
of Ambrosio & Commodo Studio Legale Ass.to
Associazione Apnoici Italiani and ADUSBEF with the legal assistance of Ambrosio & Commodo filed the first class action action in Italy in health matters on Thursday 22 September 2022. The Court of Milan is asked to order Philips to collect and repair all medical devices affected by the defect reported by Philips as of 2021. Carcinogenic risks are also indicated. The American FDA has opened an investigation which would reveal the knowledge of the defects since 2014 ...
by Sara Commodo
As a result of a separation, dissolution or cessation of the civil effects of the marriage as in the outcome of the procedure pursuant to art. 337 bis of the Italian Civil Code relating to children born out of wedlock, the two parents obtain a judicial title in which provisions with a personal content are provided (relating to the procedures for entrusting minor children) and provisions with a patrimonial content ...
by Chiara Imerone
There are various procedures that parents can use to resolve conflicts in the exercise of parental responsibility, in relation to the choices relevant to the life of their minor children, both in the hypothesis of a united family and in the hypothesis of a separated family. The art. 316 of the civil code governs a particular procedure - which can be established in the event of a conflict arising between parents within the united family - and provides for the possibility for each parent to appeal to the Court of residence ...
by Tommaso Maria Giorgi
Today more than ever everyone is talking about citizenship income, the well-known measure of support for families, designed to combat poverty, introduced almost 5 years ago and since that moment the subject of numerous controversies. As everyone knows by now, citizenship income is an economic benefit disposed in favor of those who find themselves in a proven situation of economic difficulty that allows them to supplement their income ...
In this issue we talk about ...
1) What happens if a parent does not respect the judicial measures relating to minor children? The innovations introduced with the law 206/2021
2) Parental conflicts over the educational choices of minor children
3) Citizenship income and maintenance allowance
4) Class action against Philips for health risk respirators
In this issue we talk about ...
1) PNRR: NEW CHALLENGES AND NEW OPPORTUNITIES FOR LOCAL ADMINISTRATORS
2) Health risks: Philips ventilators and respirators
3) Theft in safety deposit boxes: serious responsibility of the bank
4) EuroprogettaTO: the compass for orienting oneself in the mare magnum of European funding [EP. 3]
by Enrico Sorano - Lecturer at the Department of Management - University of Turin
The resignation of the Draghi government on July 21, after the request of the President of the Republic Sergio Mattarella on July 14 to parliamentarize the crisis, reached the peak of a week of multiple political fibrillations and opens up to a period of electoral campaign that promises to be very hot from all points of view ...
by Stefano Bertone
Philips in 2021 issued safety warnings (FSN - Field Safety Notice) of varying severity confessing the existence of defects in its medical devices for sleep apnea CPAP and BiPAP, as well as in ventilators for people with respiratory failure. The products contain a sound-absorbing foam which, according to the manufacturer himself, can degrade and be inhaled by users with serious and even lethal damage to health ...
by Elisabetta Capello
Many will remember the sensational theft that took place during the so-called long weekend for the holiday of 25 April 2016 at the Intesa Sanpaolo branch in Turin, located in C.so Peschiera n. 151: some criminals perpetuated the burglary of numerous safety deposit boxes, easily evading the levels of protection set up by the banking institution ...
by Daniele Lonardo
During the previous episode of our monthly newsletter (you can read it HERE: https://ambrosioecommodo.it/approfondimenti/europrogetta-to-la-bussola-per-orientarsi-nel-mare-magnum-dei-finanziamenti-europei-ep -2 /) we approached the Horizon Europe Framework Program (formerly Horizon 2020), dedicated to the research and innovation (R&I) sector, through the analysis of its pillars and complementary tools (remember, the EIC Pathfinder and the EIC Accelerator) ...
In this issue we talk about ...
1) War crimes and compensation of victims: time (already) up! Notes on the recent DL n.36 / 2022
2) Compensation for victims of violent crimes: lights and shadows from the Supreme Court
3) The failure of the Referendum: the surrender of politics
4) EuroprogettaTO: the compass for orienting oneself in the mare magnum of European funding [EP. 2]
by Stefano Maria Commodo
The tragic war events in Ukraine have brought back in our daily life, also due to the current pervasiveness of the media, the drama of the war which is itself a crime but which inevitably carries with it the painful aftermath of "war crimes", which are not always done. easy to define in the light of international standards and treaties applicable to war events ...
by Gaetano Catalano
The order of the Supreme Court of Cassation N 14943 published on 11.05.2022 represents an important confirmation of the right of the victims of violent intentional crimes to be compensated, in a fair and adequate measure, by the Italian State for failure to promptly and fully transpose it into our order of the European Directive 80 of 2004 which, in a nutshell, required each EU Member State to ...
by Gaetano Catalano
The referendum on the issue of justice has just been concluded which, unfortunately, has repeatedly occurred in recent occasions, has not reached a quorum of 50% +1 of those entitled to it. Failure to overcome this barrier is a circumstance that is far from infrequent and as such should not give rise to any food for thought (also because it could well be a legitimate response from the electoral body) but it is the numbers of abstention that cause a sensation ...
by Daniele Lonardo
Horizon Europe (formerly Horizon 2020) is the European Union framework program exclusively dedicated to the research and innovation (R&I) sector and provides for a total financial endowment amounting to approximately 95,5 billion euros, for the seven-year period 2021-2027 . The program is extremely complex and ambitious: it rests on three pillars, in turn divided into sub-programs dealing with specific and sectoral themes, and a transversal program ...
In this issue we talk about ...
1) Superbonus and abuse: beware of the risk of losing the tax benefit!
2) Justice and artificial intelligence: a possible collaboration?
3) Buildings to be built: problematic protection
4) EuroprogettaTO: the compass for orienting oneself in the mare magnum of European funding [EP. 1]
by Mauro Ambrosio
The tax incentive called SUPERBONUS allows a 110% deduction for numerous building interventions on buildings, an important opportunity for those who had the idea of providing for the renovation and / or energy redevelopment of their property. In order to access this benefit, however, the essential conditions defined by the Consolidated Building Act (DPR 380/2001 and subsequent amendments) must exist, which requires ...
by Gregorio Torchia
For years, we have been looking for the possible practical applications of algorithms and systems of artificial intelligence in the world of justice for the most disparate functions, from the mere search for precedents in similar cases up to the elaboration of the sentence or decree ... by a robot judge !
by Alessandro Pascale
With the d. lgs. 122/2005, to remedy the widespread phenomenon of bankruptcy of construction companies with consequent damage to savers and families, the legislator introduced the obligation, for the constructor, to release to promissory buyers of real estate to be built - properties for who have been asked for permission to build but which are still to be built in whole or in part, therefore in a stage that does not ...
by Daniele Lonardo, Europlanner
The aim of the “EuroprogettaTO” section is to accompany our readers in a mini-course on the subject of European planning and, more generally, on the funding opportunities allocated by the European Commission. This contribution represents Episode n. 1: in the course of the next A&C newsletters we will go into further topics. Enjoy the reading!
In this issue we talk about ...
1) The minor and his listening
2) There is something rotten in ... "condominium"
3) The intra-family offense: when the harmful conduct is committed in the family
4) ESG: what they should be and what they are not (part 2)
by Chiara Imerone
For some years now, listening to the minor in the family process has been a well-known tool for allowing his participation in the proceedings that concern him.
The art. 315 bis of the Italian Civil Code, introduced with law no. 219/2012 and subsequently the art. 336 bis of the Italian Civil Code, 337 octies of the Italian Civil Code, introduced with Legislative Decree no. 154/2013, have sanctioned the right of the minor to be heard on the choices that concern him ...
by Mauro Ambrosio
If it can be argued, data in hand, that in the last year about one million lawsuits arose from condominium disputes, it must also be specified that in most of them there was food as the main object.
If you love cooking and love to cook with strong spices and smells, you must be careful anyway because in some cases it could even be a crime and you can be sued for damages by the neighbors ...
by Davide Gatto
The evolution of family law that we have witnessed in recent decades and the ever-increasing centrality of the human person have led to a significant overcoming of the basic principle according to which family members, as such, enjoyed a sort of immunity for the purpose of identifying responsibility for harmful behavior towards one's relatives ...
by Daniele Lonardo
In a previous article of our monthly newsletter, we approached the topic of ESG standards [1], acronym for "Environmental", "Social" and "Governance", indicators that analyze the activity of a company or an issuer (be it corporate or governmental), based not only on the financial aspects, but also enhancing the environmental, social and governance profiles ...
In this issue we talk about ...
1) Damage from premature death: the unfairness of the liquidation criteria provided for by the Milan Tables
2) Finally the Swiss Trust!
3) Compensation for damages: and if the accident involves relatives?
4) The importance of kinematic reconstruction in the event of a road accident, between criminal and civil proceedings
by Alessandra Torreri
When an accident occurs with the presence of injured or worse dead people, it is necessary to ascertain the manner in which the event occurred so as to be able to attribute to each person involved his correct responsibilities, and this so much from a civil profile that from a criminal point of view. In the event of seriously injured or deceased persons, the criminal headquarters will most likely be the one in which this investigation will be carried out ...
by Stefano Rizzi
Who knows how many Italian entrepreneurs who are about to or have already transferred their residence to Switzerland or how many have already established a trust in Italy and / or another State, will welcome the recent approval of motion no. 18.3383 by the Swiss Parliament with which the introduction of the trust was requested as a typical institution of Swiss law, mandating the Federal Council from 12 January 2022 to prepare ...
by Elena Di Ieso
The Civil Justice Observatory of Milan developed, for the first time in 2018, an ad hoc tabular system for the settlement of damage from premature death (traditionally defined as intermittent biological damage), i.e. the damage to health compensable by the heirs in the 'hypothesis in which a person, who has suffered a disabling disability from an unlawful act, has died, for causes independent of the injury suffered, before obtaining compensation….
by Elisabetta Capello
In our daily life, it often happens to travel by car with a family member or to drive a car preceded or followed by that of a relative (think for example of the classic "snake" of cars at weddings). In these circumstances, what happens in the event of a road accident?
In this issue we talk about ...
1) Vaccination obligation: a still controversial issue
2) The dark side of the Metaverse
3) How do you fit the ex in the digital age!
4) Euroferry Olympia - A&C together with Bona Oliva and Pavlakis Moschos for the protection of passengers and creditors
by Sara Commodo
In a world where appearance wins over being and the 'poor' need to pretend to be 'rich', the most traditional cliché of family disputes sees instead the rich partner pretending to be poor. In a world where excess wins over calmness and the good guy urges to pretend to be a little damned, the most traditional of family restraint clichés instead sees the partner with a thousand lovers pretending to be devout. Hardly what appears ...
by Gregorio Torchia
Ninety years have passed since the publication of "Brave New World" by Aldous Huxley: a dystopian novel in which the author imagined a future world where all the characters would be in a perennial state of (apparent) happiness due to the three rules governing society (no privacy, no family, no monogamy), but above all thanks to a psychotropic drug, soma, which anesthetizes emotions and ...
by Chiara Imerone
The Decree-Law no. 1/2022 established, starting from February 1, 2022, the vaccination obligation for all Italian citizens, from other EU member states residing in the territory of the State, as well as for foreign citizens, who have reached the age of 50 of age. Furthermore, starting from February 15, 2022, for those over 50 it will be mandatory to be in possession of the Super Green Pass to go to work ...
Euroferry Olympia - A&C together with Bona Oliva and Pavlakis Moschos for the protection of passengers and creditors
In this issue we talk about ...
1) The responsibility of the educational institution
2) Single allowance for dependent children
3) New: Compensation for adverse effects of COVID vaccination
4) ESG: What they should be and what they are not
by Edoardo Maria Commodo
In recent years, anyone of us will undoubtedly have heard, for one reason or another, of ESG, one of the most popular acronym of the moment, although few know its meaning. Each of the three letters refers to an evaluation criterion adopted to "measure" the ability of companies and industries to adhere to models compatible with the so-called sustainable development: Environment, Social, Governance ...
of Ambrosio & Commodo Studio Legale Ass.to
The government intervenes on the great issue of damage related to COVID vaccinations, the subject of endless discussions and controversies since the pandemic began, providing with the so-called Sostegni Ter Decree (in the Official Gazette on January 27, 2022) the allocation of 50 million for the 2022 and an additional 100 million for 2023, in order to compensate those injured by the vaccination cycle ...
by Sara Commodo
With the legislative decree 21 December 2021, n. 230 the single and universal allowance for dependent children has become a reality. The INPS application platform has been active online since January 1st, the patronages are working at full capacity with the aim of bringing 7 and a half million families to apply for the new help by the end of February, so that they can receive it from the first useful month or starting from March 2022 ...
by Ludovica Ambrosio
Although the school is considered the safest place to leave your children, it often happens that we hear of students being injured both for quarrels and games with classmates and for accidental episodes caused independently by the injured person. The damage in these cases can be mild and easily healed (let's think of scratches that do not leave marks over time, thus limiting the damage) or more relevant ...
In this issue we talk about ...
1) Prohibition of dismissal
2) The next step in digital power
3) Hello? ... I would like the call to be forwarded to an Italian operator, please!
4) Postal savings bonds: beware of the expedients of the Post Office to pay less !!
by Matteo Pira
The prohibition (or block) of dismissals for justified objective reasons, introduced by art. 46, Legislative Decree 17 March 2020, n. 18 (so-called Cura Italia), constitutes an exceptional measure, determined by the health emergency situation with the consequent closures of economic activities imposed by the numerous regulatory interventions that took place during the emergency ...
by Gregorio Torchia
During this long year full of global events and crises (Covid, Afghanistan, USA vs China, Climate crisis), what should have attracted more attention - at least among young jurists - is the announcement, by the billionaire founder of Facebook, of the creation of A half. Basically, the Metaverse would be the first fusion between reality and social networks, in effect an augmented version of the existing reality ...
by Daniele Lonardo
How many times has it happened to us to have the need to speak to a (physical) operator to try to solve a problem with our telephone line, with our internet operator or with the airline to change some data of our flight just purchased online? After long waits on the phone and the background music, the metallic voice communicates a sentence with the following tenor: "Our operator could answer from abroad ..."
by Alessandro Pascale
Several Italians have signed postal savings bonds, even in the past, with a table of interest that legitimately expected to be liquidated at maturity, unaware, however, that their legitimate expectation would then be frustrated by an instrumental and incorrect application by part of Poste Italiane's tax legislation ...
In this issue we talk about ...
1) The news for 2021 on real estate leases
2) Home sweet home… How much do you cost?
3) Right to be forgotten; how and when to disappear from the web
4) Derivative contracts are complex financial products
by Mauro Ambrosio
This article briefly illustrates some of the most interesting innovations introduced in the first half of 2021 in the field of real estate leases. In particular, here we highlight:
- the amendments to art. 26, TUIR
- the novelty introduced in the matter of flat rate tax and advances
- the changes introduced in the field of short leases
- the changes introduced in the matter of "rental fee bonuses"
by Erika Finale
On 5 October 2021, the Council of Ministers n.39 approved the enabling law for the reform of the tax system which, among its main prerogatives, places the reorganization in 5 years in the land registry system. Specifically, art. 7 (Modernization of property mapping tools and revision of the building cadastre) provides that ...
by Edoardo Maria Commodo
Like it or not, our data is now online. Do you want for releasing the references while subscribing to the classic online magazine or after being immortalized in a photo by a friend. Whatever the reason, the only certainty is that these will then be disseminated, published, posted, uploaded, sent and so on. At this point, attention must turn to the now uncontrolled increase in the means of communication ...
by Alessandro Pascale
THERE IS A JUDGE IN TURIN! The Turin Court of Appeal with a recent sentence sentenced a bank to return € 1.092.694,63 received under a derivatives contract. Too often the banking system has moved into an evident conflict of interest with its customers, proposing and (unfortunately) at times imposing on them dangerous financial products: from Argentine bonds to those of Parmalat; from Lehman Brothers policies to those of Bernie Madoff ... and the list goes on ...
In this issue we talk about ...
1) PSYCHIC DAMAGE: JUDGMENT OF THE CIVIL COURT OF TURIN ON THE FACTS IN PIAZZA SAN CARLO RELATING TO THE JUVENTUS-REAL MADRID MATCH
2) ELECTRIC MICROMOBILITY: LEGAL AND INSURANCE ASPECTS
3) DAMAGE FROM INJURY OF THE RIGHT TO SELF-DETERMINATION DUE TO LACK OR LACK OF INFORMED CONSENT
4) COMPENSATION FOR DAMAGES IN THE EVENT OF A CAR ACCIDENT WITH COMPETITION OF GUILT: THE ROLE OF THE EXPERT LAWYER
by Angela Prino
As is known, with a sentence dated 31.08.2021, Dr. Stefania TASSONE, President of the IV Civil Section of the Court of TURIN, a section specialized in compensation for personal injury, pronounced, for the first time in civil proceedings, on the sadly note the events in Piazza San Carlo, ascertaining the responsibility of the organizing bodies of the event ...
by Angelica Marchese
The institution of "informed consent" in the health sector is the landing place following a jurisprudential and doctrinal path, which lasted about 30 years, aimed at seeking a balance between the information obligations imposed on health and the protection of 'self-determination and the patient's health ...
by Davide Gatto
It can happen to be involved in a road accident and we are all aware that it is an event that can occur, but often - as long as you are not personally affected by such events - the question is ignored a little for fear of accepting such an eventuality. or simply because he trusts in his own driving skills and can always avoid the worst; but sometimes ...
by the editorial staff of the Civil Liability Group of the Ass.to Ambrosio & Commodo Law Firm
During the meeting, during which the deputy Roberto Rosso – the first signatory of the bill n. 2675 presented to the Chamber of Deputies – and the Hon. Elena Maccanti (rapporteur of the draft law in the Transport Commission), the theme relating to the legal and insurance aspects referred to in the epigraph was addressed by the rapporteur Renato Ambrosio, which offered important food for thought…
of Ambrosio & Commodo Studio Legale Ass.to
The first sentence of the line of judgments instituted by Studio Ambrosio & Commodo for the facts of Piazza San Carlo issued by the President of the IV Section of the Court of Turin, a section specialized in compensation for personal injury, has come out. Outcome: total acceptance.
In this issue we talk about ...
1) MEDICALLY ASSISTED PROCREATION IN RECENT CONSTITUTIONAL JURISPRUDENCE: PRONUNCIATIONS N. 32 AND 33 OF 9 MARCH 2021
2) THE CASE OF THE PHILOSOPHER GIANNI VATTIMO BE A CAUTION: THERE ARE LEGAL INSTRUMENTS THAT ALLOW TOMORROW TO ENSURE OUR CHOICES TO BE RESPECTED TOMORROW
3) PISTAAAA!!!!!
4) BLOCKCHAIN AND SMART CONTRACT [EP 10/10]
by Chiara Imerone
Important issues such as heterologous fertilization, surrogacy and homosexual parenthood have recently been addressed by two rulings of the Constitutional Court, called to decide on the legitimacy of some rules of our legal system that do not guarantee full protection to children born to homosexual couples following of medically assisted procreation interventions ...
by Stefano Maria Commodo
More and more often as we walk on a sidewalk or under the arcades we happen to hear a vigorous shout behind us…. "PISTAAA !!!" that we jump to the side to let an electric scooter or a bicycle whiz by ... It is one of the fruits of the "intelligent mobility" so praised by our administrators ...
by Sara Commodo
The indictment of the assistant of the well-known philosopher Gianni Vattimo with the accusation of circumvention of incapacity has reopened the debate on the importance of anticipating every decision as to how you want to live the last part to when you are young and fully capable. of one's life ...
by Daniele Lonardo
In the course of our monthly newsletters we have tried to accompany our readers in a series of in-depth studies related to the topic of blockchain and smart contracts. This article concludes this cycle which started from the definitions (Ep. 1 and 2), passing through some practical applications of this disruptive technology, such as ...
In press review, the articles of 17/07/2021 taken from: Il Corriere della Sera, La Repubblica, La Stampa, Turin Cronaca Qui.
The application for participation in the so-called "micromobility" experimentation procedure, presented by the Firm on behalf of the UICI, was aimed at establishing a dialogue with the Municipal Administration in order to study together, around the new work table, some simple tricks that would have allowed the coexistence of these new tools and the blind.
The request went unheeded.
In this issue we talk about ...
1) Doctors - health workers and vaccination obligation: between freedom, science and reasonableness
2) The differences between civil protection and criminal protection… Medical liability: an exemplary case
3) Class Action: a protection tool that unites the victims and balances the balance of power in the trial battle
4) The reform of Justice in the PNRR (National Recovery and Resilience Plan)
by Stefano Maria Commodo
In recent days we have read in the newspapers and heard in the radio and television services the growing "pressure" on those doctors and health workers who are resisting the obligation to vaccinate for the prevention of Covid - 19. This obligation was introduced with Legislative Decree 44 of April 1, 2021, converted into law with amendments by Law 76/2021, which provides for a very heavy penalty for those who do not agree to be vaccinated: suspension from office and ...
Article written by the Civil Liability Group of Ambrosio & Commodo Studio Legale Ass.to
The Hippocratic Oath, which every doctor must take before being able to exercise, makes it clear that medicine is not, or at least not yet, an exact science, but an art. And unfortunately it may happen that, in the exercise of the medical art, an incorrectly rendered service not only does not reach the desired results but can even cause unfair harm to the patient. In such cases what then is the distinction between error and fatality?
by Davide Gatto
What changes with the new reform?
The class action, through which it will be possible to protect homogeneous individual rights, is now governed by the ritual code and no longer by the consumer code. The law 12 April 2019 n. 31, which entered into force on May 19, 2021, reformed the class action by introducing the relevant discipline in the code of civil procedure (articles 840 bis and following) and repealing that provided for by the consumer code ...
by Edoardo Maria Commodo
"The Italian justice system, characterized by solid guarantees of autonomy and independence and by a high profile of professionalism of the judges, suffers from a fundamental problem: the timing of the celebration of the trials."
This is the sentence that on p. 51 of the PNRR introduces the theme "Justice" and there is concern because it seems that those who are about to outline the desired reforms are starting from a praise for the judiciary that is completely out of place after the many events ...
In this issue we talk about ...
1) The tragedy of the Stresa-Mottarone cable car: new case in which compensation must be exemplary
2) Separation between mum and dad: Who is I trusting with?
3) The 2021 Tables of the Court of Milan: was it a real novelty or "do we change so that nothing changes?"
4) Blockchain and Smart Contract [Ep 9/10]
by Davide Gatto
When the tragedy is an avoidable event, the damage must be aggravated by the conduct: since the grossly unlawful behavior of the person responsible for the damage arises as a quid pluris which, on the one hand, inevitably amplifies the suffering of the victim of the unjust harm - such as loss of a relative due to the reckless behavior of others - and who, on the other hand, must necessarily be punished ...
by Gaetano Catalano
When a non-pecuniary damage is reported (be it physical, psychological or moral), one of the most difficult problems to solve concerns its economic quantification: establishing the monetary value of the damage suffered, for example, for the fracture of an arm is certainly a more difficult than one might think because it is a question of conferring an economic value ...
by Tommaso Giorgi
It happens more and more often that by turning to our firm because they intend to separate from their spouse, our clients ask us what could happen to their beloved pet. Within the protocols signed in many of the Italian Courts, only the management of the costs of care of loved ones has been disciplined where they remain in the availability of the placeholder parent of minor or adult children who are not economically self-sufficient ...
by Daniele Lonardo
In the course of our monthly newsletters we have tried to accompany our readers in a series of in-depth studies related to the topic of blockchain and smart contracts. Today we approach the topic of blockchain linked to the energy sector. Imagine that you live in an apartment, located inside an apartment building, which has recently ...
of Ambrosio & Commodo Studio Legale Ass.to
The case of gambling addiction and medicines for the treatment of Parkinson's: patients must be informed of the risks. The taking of the drug by our client began in 2001 and ended in 2006, but the package leaflets were changed only in 2007. Confirmed the unpublished ruling of the Milan court of March 2020, and compensation for both the pecuniary damage for losses to the game that the moral one.
In this issue we talk about ...
1) Remote checks on workers
2) The protection against disturbing sound emissions
3) Who is afraid of artificial intelligence?
4) Blockchain and Smart Contract [Ep 8/10]
by Gregorio Torchia
Artificial Intelligence and population control can only awaken feelings of Orwellian memory, but especially in these days, so close to the Liberation Day, we cannot exempt ourselves from a brief analysis of how these tools, with greater control, could have free first from the modern oppressor: Covid.
by Chiara Ghibaudo
The issue of noisy emissions has attracted attention for years especially in consideration of the various interests that stand in the way of the resulting disputes: on the one hand, the right to silence, to be able to live and rest peacefully without the interference of annoying noises generated by third parties and on the other almost always the need to carry out productive activities and therefore work, producing however noises that ...
by Daniele Lonardo
In the course of our monthly newsletters we have tried to accompany our readers in a series of in-depth studies related to the topic of blockchain and smart contracts. Today we are talking about electronic voting (also called e-voting or, more precisely, blockchain-enable e-voting, acronym BEV) and the possible implications of this technology in electoral operations ...
by Matteo Pira
The art. 4 of the Workers' Statute governs remote controls on workers, which constitute a particular way of exercising the power of control, characterized by a displacement in space or time. The current formulation of the law dates back to the intervention carried out with the so-called Jobs Act reform (Legislative Decree 151/2015), which modified the previous wording dating back to the Workers' Statute (Law no. 300 of 1970) ...
In this issue we talk about ...
1) Big Pharma: private profit vs public interest
2) Damage from anti-Covid 19 vaccine: a possible risk, indemnifiable by law
3) Parking and exclusive use of condominium assets: the court of cassation clarifies
4) Blockchain and Smart Contract [Ep 7/10]
by Daniele Lonardo
NFTs - acronym for the English words Non-Fungible-Token - are non-fungible tokens [1] and represent a sort of certificate of authenticity in digital format. Goods are fungible if they are replaceable for each other, non-fungible if instead ...
by Alessandro Pascale
In the vast majority of condominium regulations there is an indication of common areas, such as courtyards or flat roofs, for the exclusive use of specific condominiums and it is often said that exclusive use and exclusive property are in practice ...
by Stefano Bertone
Since the end of February 2021, the national news has extensively dealt with deaths and events harmful to people who had received the Covid-19 vaccination, in particular the drug "Vaccine COVID-19 AstraZeneca" ...
by Tommaso Maria Giorgi
The Nobel Peace Prize laureate Mohammed Yunus, together with other high-profile personalities, has promoted a global initiative for the liberation of patents on vaccines, so as to allow their national production on a large scale, certainly more quickly. , and guaranteeing access to them also to developing countries ...
of Ambrosio & Commodo Studio Legale Ass.to
If you have suffered serious damage to your health as a result of vaccination against Covid-19 you may be entitled to a benefit from the state. Law no. 210/92 in fact also protects those who suffer damage from recommended vaccinations (Constitutional Court, sentence no. 268/17) such as the anti Covid-19 for which the authorities around the world including Italy have for months activated an extraordinary campaign to tackle the pandemic ...
In this issue we talk about ...
1) The role of the attorney expert in personal injury between criminal proceedings and evidence for civil proceedings
2) The responsibility of the Guardian
3) Direct compensation and action against the civil liable party: alternativity or accumulation of actions that can be brought by the injured party?
4) Damage from loss of the parental relationship: can compensation be obtained even in the absence of blood ties and cohabitation with the victim?
by Elena Di Ieso
In the matter of civil liability deriving from the circulation of motor vehicles, our legal system intended to make the protection of the injured person effective by introducing the obligation of insurance (so-called RCA) and also providing for the possibility of acting directly against the insurance company of the responsible vehicle. ...
by Angela Prino
As is well known, the Jurisprudence on liability for custody has traveled a long and tortuous path that has involved magistrates, academics and attorneys, in numerous and sometimes intense debates on the nature of the case, burden of proof, fortuitous events, applicability of the discipline to Public administration…
by Elisabetta Capello
In identifying the subjects entitled to compensation for damage from loss of the parental relationship, the most recent jurisprudence has gone beyond the mere bond of blood and cohabitation with the deceased, who no longer become essential requirements for requesting this item of damage. , recognized, in fact, also in favor of those who can demonstrate a strong and lasting emotional bond with the victim ...
by Alessandra Torreri
We read daily news in the newspapers that leave the common reader often perplexed in the face of headlines that tell of trials that ended with doctors acquittals even in the presence of behaviors perceived by the reader as incorrect and / or contrary to the law, a reader who struggles to understand the reason for to which the victims of the crime ...
These days, our clients in the cases in Germany against VW for the so-called Dieselgate are receiving communications from the local courts. Letters written in German with some serial numbers and other information ...
For the naval tragedy of the Norman Atlantic passenger ferry (IMO 9435466) which occurred on 28.12.2014 and which caused 29 victims, the accused asked to move the jurisdiction from the Bari Court to the Brindisi one where the ship landed for the first time pulled by tugs and still on fire ...
In this issue we talk about ...
1) I have to separate: my son ... how much do you cost me?
2) Resources coming in for families
3) Bitcoin and cryptocurrencies skyrocketing ... will it be true glory?
4) Blockchain and Smart Contract [Ep 6/10]
by Daniele Lonardo
In episode n. 4 of our Newsletter we approached the issue of blockchain applied to the Public Administration sector, focusing the reader's attention on the Estonian case, one of the pioneering countries of e-government. It was 1997 when Estonia took its first steps towards the development of a digital society ...
by Jacopo Giunta
For weeks now, a tsunami of information on cryptocurrencies has invaded our days, bitcoins are back, how can we say the opposite given the recent performance in the markets? The prices have exceeded $ 30.000 several times. The euphoria of the market towards digital currencies has led some experts in the sector to define them: "new safe-haven assets" ...
by Tommaso Maria Giorgi
As is known, the Covid-19 pandemic has left many people, and consequently many families, on the pavement. Because the current emergency due to the virus is health care, but also - if not above all - economic. And so here is that the new Budget Law 2021 (Law No. 178-2020), also called Maneuver 2021, published in the Official Gazette on 30/12/2020, has provided for numerous measures aimed at supporting Italian families ...
by Sara Commodo
In our country there are no certain rules for determining the maintenance allowance for children or spouses following a separation or divorce judgment. The final decision even in the presence of very similar factual data is still highly unpredictable today and inequality generates serious social consequences.
In this issue we talk about ...
1) Blockchain and Smart Contract [Ep 5/10]
2) “Al Salam Boccaccio 98”: no jurisdictional immunity for the certifying body. The functional reading of the United Sections brings up the immanent right of access to justice
by Davide Gatto
In our newsletter of May [1], we reported that the United Sections of the Supreme Court of Cassation would soon also have ruled on the question relating to jurisdictional immunity pleaded by the defendant certifying body in the context of the first dispute initiated before the Court of Genoa against the entity Rina SpA
by Daniele Lonardo
The diffusion of technological solutions based on blockchain is growing rapidly and the Italian economy offers a fertile ground for the development, testing and adoption of such solutions to the point that Italy could play a central role in this sector ...
In this issue we talk about ...
1) Superbonus 110%: instructions for use
2) Victims of violent crimes
3) The probative value of the Friendly Accident Report form
4) Blockchain and Smart Contract [Ep 4/10]
by Daniele Lonardo
One of the possible uses of the Blockchain in the PS revolves around the verification and sharing of the collected data and there are already some countries that have decided to implement the use of this technology in order to make the state machine more effective and efficient. This is the case, for example, in Sweden and Estonia.
by Gaetano Catalano
What is reported in the CAI constitutes a presumption of proof that can be won by other, more convincing evidence of the opposite sign: in other words, the Insurance will be able to argue a different reconstruction of the fact, which must be supported by appropriate evidence, such as testimonies and / or appraisals.
by Alessandro Pascale
In these times of pandemic, in which the economy is stagnating and the money in the pockets of citizens is less and less, the government is trying, with all the difficulties of the case, to run for cover with measures to prevent some activities from standing still for too long, risking extinction.
by Gaetano Catalano
The first ruling of the Supreme Court on the inadequate implementation of Directive 2004/80 / EC: State responsibility recognized and condemnation of the Prime Minister. On 24.11.2020 the Supreme Court finally expressed itself on this age-old question which we have already talked about in some of our previous newsletters.
In this issue we talk about ...
1) Measures to combat Covid19 and commercial (or professional firm) rental fees
2) Bitcoin and cryptocurrencies: a first approach
3) Bank guarantees ABI model
4) Blockchain and Smart Contract [Ep 3/10]
by Alessandro Pascale
When accessing the bank credit, the institution regularly asks its customer for a surety guarantee for the payment of the amount due, often in the form of an omnibus surety, therefore to guarantee all the obligations contracted with the bank itself ...
by Mauro Ambrosio
Already in the first and chaotic days of the spread of the epidemic and of the more or less successful attempts to contain its expansion, it was easy to identify in the commercial lease a case, almost of a school, to test the impact of the pandemic and the consequent containment measures ...
by Daniele Lonardo
European governments have long started a transition towards digital with the aim - on the one hand - of offering better services to citizens and - on the other hand - managing the state machinery more effectively and efficiently. This process of innovation and reorganization of the PA takes the name of e-government
by Daniele Lonardo
Bitcoins are a state-of-the-art form of investment as risky as potentially profitable: from the combination of technology - the financial sector, we have been witnessing - for some time now - a growing proliferation of virtual currencies, the best known of which is certainly bitcoin ...
In this issue we talk about ...
1) Compensation and indemnity protections for the victims of covid-19
2) The identification of the subjects entitled to compensation for damage in the event of a fatal accident, under the criminal and civil profiles
3) Scooter: the future or a new source of risk?
4) The third party carried: the action against the carrier's insurance company
by Paul Francis Sombilla
"Vulneratus ante omnia reficiendus": this Latin brooch - often referred to by the European Court of Justice - summarizes the regime of favor reserved for the unjustly injured person ...
by Ludovica Ambrosio (Ambrosius & Commodo)
and Andrea Ruscica (Chief Prosecutor - Reale Mutua)
As you can easily realize by taking a simple walk in the city, the streets of Turin, like other Italian and European metropolises, are increasingly crowded with people driving electric scooters ...
by Alessandra Torreri e Angelica Marchese
When it is necessary to identify those who are entitled to obtain compensation for the damage deriving from the loss of a loved one, not infrequently there is a tendency to confuse two distinct groups of subjects, respectively the "heirs" and "the next of kin" ...
by Davide Gatto (Ambrosio & Commodo) and Andrea Ruscica (Chief Prosecutor – Reale Mutua)
More than six months after the start of the well-known lockdown, the death toll of Covid-19 is bleak, but it is even more painful to acknowledge that many people have become victims of the "invisible enemy" ...
by Chiara Imerone
The law decree 8 April 2020 n. 22 (school decree), converted into law on 6 June 2020, had an impact on many aspects of the school world, after the upheaval caused by the coronavirus epidemic: ...
by Jacopo Giunta
The consulting firm McKinsey has recently prepared a paper following an impact study of the regulatory corpus of the GDPR on the elaboration of the new E-Privacy Regulation ...
by Davide Gatto
After years of debates and multiple condemnations of Italy by the Court of Justice of the European Union, the Italian legislator finally intervened in order to remedy the embarrassing inadequacy ...
by Daniele Lonardo
On June 18, the "Proposals for an Italian strategy on technologies based on shared ledgers and Blockchain" were published on the website of the Ministry of Economic Development ...
by Daniele Lonardo
In the previous article of our newsletter we approached the topic of blockchain - a type of Distributed Ledger Technology capable of storing assets and transactions on a peer-to-peer network - ...
by Enrico Vallarolo
Smart working, now widely imposed and / or at least strongly recommended to protect public health, can inaugurate a new relationship between workers and employers ...
by Jacopo Giunta
The decision of the CJEU that we are commenting on is the latest success of Max Schrems, an Austrian attorney and privacy advocate who has become known, since 2011, for campaigns against Facebook for violation of privacy ...
by Gaetano A. Catalano
The chronicles often report the news of injured parties, victims of very serious crimes such as murder, rape, robbery and the like, which in addition to the damage that can never be repaired suffer the insult of not being able to obtain compensation ...
by Alessandra Torreri
In the last two months, due to the pandemic currently underway, we have seen a proliferation of regulatory acts (DPCM, DL, circulars etc ...) which have imposed on citizens a series of new - and in some cases unpublished - obligations, the violation of which it is punished with various types of "sanctions" for individual subjects.
by Edoardo Maria Commodo
Once the national health emergency has been overcome with difficulty, the Government is now called upon to take care of the care of another person left on its knees by the unexpected virulence of the "Chinese virus", the economy of our country. In fact, there is no economic activity that has not, in one way or another, suffered the negative repercussions left by the ongoing global pandemic.
by Davide Gatto
"The victims of the sinking of a ship flying the Panamanian flag can appeal to the Italian judges with a liability action against the Italian bodies that have classified and certified this ship". This was ruled by the Court of Justice of the European Union with the ruling of 7 May 2020 relating to case C-641/18 ...
by Jacopo Giunta
The update of the shared regulatory protocol of measures to combat and contain the spread of the Covid-19 virus in the workplace, published on 24.04 us, enriches, compared to the previous text, the profile of health surveillance referred to in paragraph 12, and emphasizes with greater emphasis the strategic role of the competent doctor.
by Edoardo M. Commodo
More than a month and a half after the outbreak of the Coronavirus health emergency, the number of deaths recorded even among white coats begins to take on an unexpected and painful significance ...
by Daniele Lonardo
Companies must orient themselves in the new scenarios that characterize the wide panorama of aid and guidance programs for economic activities, which sees all the Member States of the European Union heavily affected ...
by Davide Gatto
In an era in which technology is increasingly indispensable for man, who must however avoid becoming a slave to it, the clash between Science and Faith that has created so much debate in the past centuries seems to be recreating itself ...
The register of the processing activities of the owner and of the manager therefore constitute the organizational measure aimed at guaranteeing a correct management cycle of the expected obligations, as well as the key tool on which the principle of provability imposed by the GDPR is based.
by Stefano Commodo
Europe as a political entity and as a cultural idea-force is going through a critical moment, which is blamed on the movements that oppose the European Union, forgetting however that these movements arose precisely as a consequence of the failures of a European ruling class ...
by Elena Di Ieso and Gabriele Gastaldi
It often happens to our firm that we have to assist people who find themselves dramatically involved in the economic difficulties, even bankruptcy, of partnerships in which they participated ...
by Stefano Commodo and Enrico Vallarolo
"Much more Notary, much less Judge": with these words, already in the 50s, Francesco Carnelutti identified the essential function of the notary, baptizing him as a "consultant man" and even more as ...
by Alessandro Pascale
The clauses contained in the general conditions of an insurance contract that provide for exclusion or limitations of liability for the professional / insurer in the event of death or damage to the consumer ...
by Jacopo Giunta and Francesco Meloni
"Worker control, cyber espionage and criminal protection of computer secrecy", this is the title of the conference that took place on 13 September at the Einauby Campus in Turin ...
by Edoardo M. Commodo
The spread of the internet, of wireless connections that allow rapid data transmission, of the latest generation cellular devices, the so-called smartphones, equipped with digital cameras ...
by Ludovica Ambrosio
In the area of civil liability, the term "class action" is increasingly being used, even in Italy. Most of the time newspapers and mass media abuse this term or use it inappropriately ...
by Gaetano Catalano
The European directive CE / 2004/80 required all member states to have a system that provided for the provision of fair and adequate compensation for all victims of intentional violent crimes committed on their national territories ...
by Edoardo M. Commodo
It happens more and more often that on social networks private photographs of famous people are illegally made public, immortalized in intimate and sinuous attitudes, obviously without the person concerned having given his consent ...
by Stefano Commodo
And so England decided to leave the European Union: a choice that literally shocked institutional representatives - starting with Queen Elizabeth, according to the media - and the major exponents of the country's finance and economy ...
by Gaetano Catalano
Ineffective with respect to the purposes, essentially an economic measure aimed at implementing the insurance market. This in summary is what lies behind the new Health Bill under discussion before the XII Senate Commission ...
di Chiara Imerone
In recent years, the economic and financial development recorded in the United Arab Emirates has led many foreigners - including a large number of Europeans and Italians - to transfer not only their businesses and businesses to those areas, but also ...
by Jacopo Giunta
A few months after the well-known decision of the European Court of Justice (C-362 14 "Schrems / Data Protection Commissioner"), the USA and Europe are trying again, laying the foundations for a new Safe Harbor 2.0 ...
by Enrico Vallarolo
The opinions on the mortgage decree are being examined by the Finance Committees of the Chamber and Senate with the proposed amendments to regulate the non-fulfillment that triggers the direct sale of the bank ...
by Jacopo Giunta
Comment on the judgment, decision of the European Court of Justice 06.10.2015 in case C-362-14 "Schrems / Data Protection Commissioner" ...
by Jacopo Giunta
Note to Judgment of the Court of Milan, decision no. 14533 of 04.12.2014
by Roberto Calvo
It is important to check the general policy conditions. Many of those generally included are vitiated by nullity due to contrast with the indemnity function of the policy ...
by Stefano Commodo
The economic crisis that is afflicting the entire Western economy and our country in a particularly aggressive way, has a heavy impact on the real estate sales sector, with serious effects on construction which is almost blocked ...
by Valeria Albera
The law 11 December 2012 n. 220 introduced significant changes to the original body of legislation envisaged by the Italian Legislator, definitively accepting some institutions not originally envisaged (such as the super condominium) ...
The case followed by our Firm (avv. Renato Ambrosio)
by Sara Commodo
If the conditions for declaring the child's adoptability do not exist but there is a situation in which the child is temporarily deprived of a suitable family environment, despite the support and aid measures ordered by the State, the Italian legal system provides for the possibility of using family custody ...
by Sara Commodo
With the law n. 6 of January 9, 2004, the figure of the support administrator was introduced for the legal guardianship and the protection of people who lack, in whole or in part, autonomy in carrying out the functions of daily life, through interventions of temporary or permanent support ...
by Nicolò Calcagno
Although the sales concession has been widespread on the international commercial scene for over a century, it has only recently found, with the advent of mass production, globalization and marketing, a widespread diffusion ...
Picture of expectations and prognostic judgments after entry into force.
The art. 141 of the new Private Insurance Code (Legislative Decree No. 209 of 07.09.2005), in force for claims occurring after 01.01.2006, governs the hypothesis of damages suffered by the third party and constitutes one of the most relevant aspects and innovative with respect to the previous legislation.
by Stefano Bertone and Marco Bona
Several data indicate that this is in all likelihood yet another avoidable tragedy, but of course it is really too early to be able to make judgments. At the moment we can only make hypotheses and illustrate, on a general level, what are the tools for protecting family members ...
by Stefano Bertone and Marco Bona
Protection of the survivors and families of the victims of the Costa Concordia naval disaster of 13/01/2012 and of the families of the victims of the AF447 plane crash of 01/06/2009
Ambrosio & Commodo recently joined forces with those of the London firm Stewarts Law (www.stewartslaw.com) to ascertain responsibility for the tragedy of Air France 447, which occurred on 1 June 2009 between Rio de Janeiro and Paris, which caused the death of 228 people, including 10 Italians