On November 20, 2024, the Italian Supreme Court (Cassazione Civile, Section II) issued ruling no. 29844, clarifying the responsibilities of non-executive directors in banking institutions. The Court ruled that the duty to “act in an informed manner,” as established by Article 2381 of the Italian Civil Code, applies to all directors, including those without executive […]
In response to the question raised by an Italian company (“Alfa Srl”), specializing in the rental and leasing of passenger vessels, the Italian Revenue Agency (“Agenzia delle Entrate”) has issued a crucial resolution (Risposta n. 1/2025) that allows to apply for VAT exemption on a yacht undergoing a “major refit”. The resolution revolves around the […]
Flavio Briatore, after having been definitively acquitted of charges of tax fraud concerning his yacht “Force Blue,” has commenced legal proceedings before the Court of Turin to claim damages against both the court appointed administrator and certain judicial authorities involved in the case. Specifically, Mr Briatore is claiming EUR 12.66 million to compensate damages for […]
Abstract: The placement of so-called “pure” unit linked policies among financial products and the consequent application of articles 21 and 23 TUF (consolidated law on finance), depends on the absence of the insurance nature of the contract. Therefore, whenever the Insurance Company does not guarantee the restitution or reimbursement of the invested premiums upon the […]
The Ministerial Decree on Insurance Arbitration n. 215, concerning ADR disputes relating to insurance matters and the criteria for the constitution of a decision-making body, was published in the Italian Official Gazette dated 9 January 2025. Pursuant to this Ministerial Decree, the Insurance Arbitrator is established with IVASS and shall have jurisdiction for disputes concerning […]
On November 26, 2024, the Italian Institute for the Supervision of Insurance (IVASS ) issued Provision No. 151/2024, introducing amendments to ISVAP Regulation No. 38/2011 concerning segregated funds (“gestione separata”). This measure continues the reform initiated by IVASS Provision No. 68/2018, which allowed companies to allocate net capital gains from the sale of securities to […]
On November 13, 2024, IVASS published Consultation Document No. 8/2024, containing a draft Market Letter on outsourcing, aimed at promoting the uniform application of European and national regulations. The document provides non-binding guidance for insurance companies, outlining IVASS’s expectations to ensure responsible and effective management of outsourced activities. Key points include strengthening the role of […]
On 20 November 2024, the European Supervisory Authorities (EBA, EIOPA, and ESMA – collectively known as the ESAs) published Joint Guidelines on the system for exchanging information related to the assessment of fitness and propriety of holders of qualifying holdings, directors and key function holders of financial institutions (commonly referred to as Fit & Proper […]
On 14 November 2024, the EIOPA (European Insurance and Occupational Pensions Authority) has published an opinion on the application of the DORA (Digital Operational Resilience Act) to insurance companies in relation to the changes to the Solvency II regulatory framework. Here are the key points: New size thresholds in Solvency II: The Solvency II review […]
In implementation of Article 20, paragraph 4, of Legislative Decree No. 199/2021 and Article 3, paragraph 1, of the Ministerial Decree on Suitable Areas, the Region Apulia approved Bill No. 222: “Provisions for the identification of suitable and unsuitable areas and surfaces for the installation of renewable energy plants.” The Bill includes concessions and limitations for projects […]
