Expert Guides

Recent case-law and tendency on Regulation (EC) No. 261/2004

By Decision No. 1584 dated 23 January 2018, the Italian Supreme Court found that in case of flight cancellation or delay at arrival the burden of proof lies with the air carrier

22/05/2018 Laura Pierallini, Studio Pierallini, Italy

Smart working: a new opportunity for work-life balance

It is time to forget work as we knew it.

31/08/2017 Emanuela Nespoli, Toffoletto De Luca Tamajo e Soci, Italy

The Extraordinary Administration of Alitalia

By Law Decree dated 2 May 2017 the Italian Minister for the Economic Development submitted Alitalia (the former Italian flag airline) to the extraordinary administration procedure pursuant to Law 39/2004

31/08/2017 Laura Pierallini, Studio Pierallini, Italy

Unfair dismissal under Italian law: a unique dual-system

A series of legislative decrees entered into force in 2015 (the so called Jobs Act), has consistently modified the employment law discipline in Italy

03/05/2017 Franco Toffoletto, Toffoletto De Luca Tamajo e Soci, Italy

Women in Law: It’s time to step up to the plate

Nowadays the number of female professionals has significantly increased in contrast with the past, particularly in the field of law

26/08/2016 Emanuela Nespoli, Toffoletto De Luca Tamajo e Soci, Italy

Diversity & Inclusion in the Workplace in Italy

Diversity has never been such a hot topic as it is now in the shadows of the great ‘migration’ debate manifested in the now historical BREXIT vote

26/08/2016 Giulietta Bergamaschi, Lexellent, Italy

Claim made clauses – The Italian debate

In the absence of a specific discipline, it has been for about 10 years that in Italy we discuss about the validity of claims made clauses

25/08/2016 David M Marino, DLA Piper, Italy

Overview of the Italian jurisdiction and recent developments

The main set of rules governing the aviation sector in Italy are provided in the Italian Navigation Code, which constitutes the essential legal framework in terms of: administrative bodies in charge; air safety and security; aircraft ownership; airworthiness and operation; air transport services;...

24/06/2016 Laura Pierallini, Studio Pierallini, Italy

The Italian Competition Authority fining policy: QUO VADIS?

Until recently, Italy was one of the jurisdictions in which antitrust violations tended to attract relatively low fines

11/02/2016 Denis Fosselard, Ashurst, Italy

Italian Transfer Pricing Environment

Base erosion and profit shifting

In recent years, transfer pricing has been very high on the agenda of both taxpayers and the tax administration in Italy, with transfer pricing audits and challenges becoming increasingly common. The OECD project on Base Erosion and Profit Shifting (BEPS) has...

30/09/2015 Gianni de Robertis, KPMG, Tax & Legal, Italy

Complaints’ handling - New rules

The Italian insurance regulator, IVASS, recently issued new rules regarding complaints handling by insurance undertakings in compliance with the recently enacted European Insurance and Occupational Pensions Authority (EIOPA) guidelines. The new rules have been introduced as amendments to IVASS...

15/06/2015 David M Marino, DLA Piper, Italy

Italian airlines’ insolvency and seizure of aircraft owned by foreign lessors

During the last 12 years, various airlines licensed in Italy have become insolvent or bankrupt (or they have filed petitions with Italian bankruptcy courts seeking protection against creditors, taking advantage of a certain recent law which has introduced into the Italian legal system the sc. "Concor...

26/04/2015 Salvatore Vitale, Vitale & Partners, Italy

Energy commodities derivatives

Directive 2014/65/EU on markets in financial instruments (MiFID II) was issued on last July 12, and it will enter into force at the beginning of 2017 to replace current directive 2004/39/EC (MiFID). MiFID II, together with its relevant regulation 2014/600/EU (MiFIR), crowns intense efforts by...

14/04/2015 Lorenzo Parola, Paul Hastings, Italy

Italian recent developments for the media sector

During the past year there has been a fervent activity in the media sector. We set out below a brief update on two of the most controversial topics: the regulations for logical channel numbering (LCN) for Digital Terrestrial Broadcasting and the copyright infringement regulations in online and...

01/01/2015 Giangiacomo Olivi, DLA Piper, Italy Alessandro Ferrari, DLA Piper, Italy

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