Retroactivity of the Increase in Insurance Limits

On December 12, 2021, the EU Court of Justice issued sentence no. 428 expressing its opinion on the issue regarding the increase in insurance limits. According to the Court, in the light of Directive 84/5 and Directive 2009/103, a motor insurance contract entered into before 11 December 2009 can only be applied retroactively to the […]

Limitation of Liability of the Land Carrier: First Observations on Art.30-bis of Law Decree no. 152/2021 Converted by Law no. 233 of 29.12.2021 (PNRR Decree).

The recent measures implementing the PNRR have concerned, among other things, the matter of the carriage of goods and the forwarding contract, making some changes to the rules of the Civil Code, in particular on sensitive issues such as the limit of liability of the land carrier (Article 1696 Civil Code) and the forwarding contract […]

Italian Revenue Agency Clarifies Customs and VAT Fulfillments Post-Brexit for Pleasure Yachts

The Italian Revenue Agency – Agenzia delle Entrate (“AE”) was recently asked to clarify the customs and VAT obligations to be fulfilled by a British-flagged yacht sailing in Italian territorial waters after the United Kingdom became a non-EU state on 1 January 2021 following the so-called Brexit. In its “Risposta” No 26 of 2022, the […]

The Authority’s New Cookie Guidelines are Effective on January 10, 2022

The operational indications contained in the new guidelines on cookies and other tracking tools adopted by the Authority to protect personal data with the provision of June 10, 2021 have become operative from January 10, 2022. The primary purpose of the document is to make a reconnaissance of the legal framework of reference, also specifying […]

Judgment Summary: Joint Liability of Credit Institute and Company Directors in the Event of Failure to Verify Creditworthiness.

By judgment no. 3308/2021 issued on 10 August 2021, the Court of Palermo has addressed particularly interesting legal issues, related to the trustee’s capacity to bring an action against the bank and to the illegal granting of credit by the bank, in the event that a company fails to meet the minimum essential requirements for […]

IVASS: Clarifications Regarding the Regulations on Insurance Distribution

On December 23, 2021, IVASS published the new FAQ regarding insurance distribution, in view of a revision of the regulations on the subject. Below are the main points of the questions and clarifications provided by the Authority: Obligation to register in case of activities carried out partially by means of distance communication The registration obligation […]

Superyacht’s Confiscation for Disproportionality and the Relevant Decision of the Italian Court of Cassation

On January 8, 2021, the luxury yacht “Blanca” of fifty meters length, flying the British flag, built-in 2008 by Baglietto Shipyard, was confiscated by the Italian Financial Police (Guardia di Finanza) off the coast of Genoa, Italy. The owner of the yacht, a well-known Italian entrepreneur and owner of a concrete manufacturing company and of […]

No Exemption From Payment Of Excise Duty On Fuel For Yacht Charter

On 16 September 2021, the Court of Justice of the European Union has decided on case no. C-341/20. With this, the EU Court has stated the infringement of Article 14, paragraph 1, letter c) of the Directive no. 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity by the Italian State. […]

Privacy-Proof Passwords: The Authority’s Suggestions

Last October, the Authority for the Protection of Personal Data published a vademecum containing some suggestions for creating and managing passwords to prevent data breaches, which are becoming increasingly frequent. First of all, with particular reference to the creation of passwords, the Authority clarifies that a good password, to be defined as ‘strong’, must be […]