BY AVV. Federica Fucito

On November 17, 2009, the Milan court issued a historic ruling on the administrative responsibility of companies and the role of Legislative Decree 231/2001 management and control models. By separating the responsibilities of the company from that of the offender, this innovative decision marks a new approach to corporate liability and emphasizes the importance of adopting such modes of organization.

By Avv. Eugenia Tomellini

According to Decision n. 27346 of December 24, 2009 issued by the United Section of the Court of Cassation, when a third party’s actions damage a capital company, only the entity has standing to bring an action against the perpetrator.

By Avv. Angelo Giordano

The Suspension Pursuant to Italian Civil Code (“ICC”) art. 2378, when filing a challenge against a corporate resolution, a shareholder also may request a court order suspending the executing and thus the effects of the resolution. Article 2378 introduces a means for confronting the risk that prior to a final court ruling, the effects of the resolution are exhausted or bona fide third parties acquire irreversible rights under the invalid resolution.

By Dr.ssa Lydia Pisanti

It is well established that employers are required to adopt those measures necessary to protect the physical integrity of their employees. Moreover, in light of the importance of this duty, Italian jurisprudence has extended liability outside formal employment relationships. In Decision n. 22818 of October 28, 2009, the Court of Cassation considered whether liability could be even further extended and the client could be held responsible for a construction site accident.

By Dr.ssa Sara Spirito

With decision n. 8426 deposited on April 9, 2010, the United Section of the Court of Cassation has confirmed Italian Bankruptcy courts have continuing jurisdiction when a company is transferred abroad merely for fiscal purposes.

By Avv. Giorgio Pierantoni

With sentence n. 16761 of May 3, 2010, the Court of Cassation overturned the acquittal of the former Mayor of Sarno in relation to multiple manslaughter charges brought against him over the deaths of 137 people resulting from the Sarno flood of Spring 1998.

By Avv. Anna Maria Rosaria Carbone

In Decision n. 17854 of March 3, 2009, the Court of Cassation considered the crime of illicit influence on shareholders’ meetings referred to in art. 2636 of the Italian Civil Code (“ICC”). This decision is of particular interest as it is one of the few judgments focusing on the concepts of simulation and fraud.

By Avv. Mariangela Aparo

On July 9, 2009, the IASB (International Accounting Standard Board) issued a new system of accounting principles, or IFRS (International Finance Reporting Standards) for the preparing of the annual accounts of small and medium sized enterprises (“SME”). The new IFRS are noteworthy if one considers SME represent approximately 95 per cent of all entrepreneurial endeavors worldwide.

By Avv. Dilma Beccari

To what extent may assets be subjected to the precautionary measure of confiscation of equivalent?

This is the question be considered increasingly by the legal community.

By Avv. Marika Bagnato

The reform of Italian civil procedure resulting from Law No. 69 of June 18, 2009 (“Law No. 69/09”) has abrogated many of the extraordinary proceedings regulated by special rules of law, including the commercial proceeding introduced by Legislative Decree no. 5 of January 17, 2003 (“Legislative Decree 5/03”).