28/11/2016 - CODE OF WINE: THE ITALIAN PARLIAMENT APPROVES THE FINAL DRAFT FOR A UNIQUE PIECE OF LEGISLATION REGULATING THE WINE SECTOR
Today, the Italian Parliament has approved the “Code of Wine” (Testo unico sulla disciplina organica della coltivazione della vite e della produzione e del commercio del vino http://www.camera.it/_dati/leg17/lavori/stampati/pdf/17PDL0046720.pdf), which has the ambition of gathering in a unique piece of legislation all norms and regulations pertaining to wine production and trade.
16/11/2016 - ITALIAN REAL ESTATE: OPPORTUNITIES ARISING FROM THE PUT ON SALE OF PUBLIC SECTOR BUILDINGS
The Italian State has identified a number of public properties to be put on sale in the most interesting Italian cities, including Milan, Rome, Venice and Florence. Properties to be put on sale belong to government administration, Regions, Provinces, local Municipalities, Chambers of Commerce, State Agencies, etc. and, provided certain conditions, they may be purchased through private negotiations.
Legislative Decree 136/2016 implements in Italy Directive 2014/67/EU concerning the posting of workers within the EU in the framework of the provision of services.
The Decree establishes a series of obligations for EU member States’ companies willing to post workers in the Italian territory, including the obligation to inform preemptively (at least one day before kicking off the post in Italy) the Italian Minister of Labor (see article 10 of Legislative Decree 136/2016). Any breach of the obligations set out in article 10 of Legislative Decree 136/2016 entails the application of fines to EU member States’ enterprises: for instance, the breach of the obligation of information mentioned above entails the application of a fine between 150 and 500 Euros per worker.
Posted workers shall be submitted to the terms and conditions of employment that apply in the Member State where the service is to be provided in accordance with Article 3 of Directive 96/71/EC (see article 4 of Legislative Decree 136/2016).
avv. Sondra Faccio
16/11/2016 - E-COMMERCE: UNFAIR CLAUSES ESTABLISHING APPLICABLE LAW IN CONTRACTS CONCLUDED WITH CONSUMERS
The European Court of Justice rendered a decision (C-191/15 - 2016) regarding online sales contracts concluded with consumers.
The Court was called to decide upon request of the Oberster Gerichtshof (Supreme Court of Austria) in a case involving the owner of a very famous e-commerce platform based in Luxembourg and the Verein für Konsumenteninformation (the Austrian Association for consumer information, ‘the VKI’). The latter argued the unfairness of certain clauses introduced by the Luxembourgian company in its e-commerce contracts and the application of injunctions, within the meaning of Directive 2009/22/EC (for the protection of consumer’s interests).