Through time, jurisprudence has been called upon to settle three main issues : a) whether a linked policy is valid where the demographic risk is totally absent or irrelevant; b) whether a linked policy where the demographic risk is present but not prevalent can still be classified as an Insurance transaction on the basis of […]
With the order of 19 January 2023, n. 1567, the Supreme Court of Cassation in nomophilactic function, affirmed a very important principle of law according to which, jurisdiction belongs to the Administrative Judge only in matters in which the cause of the claims is exactly rooted in modalities of the exercise of Administrative power. In […]
On 12 May 2023 the Financial Intelligence Unit of the Bank of Italy (“FIU”) issued a new Regulation (hereafter referred to as the “Regulation”) in implementation of the power conferred on it by art. 6, paragraph 4, letter e), of Legislative Decree 231/2007 (hereafter referred to as the “anti-money laundering decree”) in which are contained […]
The landmark Italian ruling between Juventus F.C. and Blockeras s.r.l. at the end of last year, notably the first time a European court has deemed an NFT to be infringing IP rights, has been followed by another milestone European judgement in the field. Indeed, in a case between VEGAP and Punto FA, the Commercial Court […]
With sentence no. 4905 of 15 February 2022, the Supreme Court of Cassation addressed the issue of professional liability on the part of doctors in cases of slight negligence. The case examined by the judges of the Supreme Court refers to a child with Congenital Bilateral Hip Dysplasia for whom the doctor who issued the […]
With the recent resolution adopted on 11 May 2023, the European Parliament voted against the “Data Privacy Framework”, i.e. the new agreement intended to regulate the transfer of personal data between the European Union and the United States. Already, back on the 14th of February 2023 the Committee on Civil Liberties, Justice and Home Affairs […]
The Supreme Court of Cassation has pronounced a historic sentence marking a turning point in the question of attributing medical liability in cases where nosocomial infections have arisen. The decision refers to those infections that the patient allegedly contracts within the hospital or other healthcare facilities and establishes that they cannot fall within the objective […]
On 2 May 2023, the European Banking Authority (EBA) published the first version of a new “interactive” signposting tool for supervisory reporting. The new Tool comes in response to recent changes in the costs of supervisory reporting requirements based on the size of the institute, and has the aim of supporting banks in identifying and […]
Until 12 June 2023, the document on the “Instructions of the Bank of Italy, COVIP, IVASS and MEF for the exercise of enhanced controls on the work of authorized intermediaries to counter the financing of companies producing antipersonnel mines, cluster munitions and submunitions” is in joint public consultation. In compliance with law 220/2021 and in […]
Art. 44, paragraph 2, of Decree-Law 48/2023, published in the Official Gazette on 4 May 2023, provides for an increase in the TMR rate (and consequently the IVCA rate) to 0.6% as from the 2023 tax year. To date, it is unclear whether the new rate will apply immediately to the payment due on 30 […]
