Law Firm Cigliano

Casa
Italia
Rome
Law Firm Cigliano

Law Firm Cigliano through a multipurpose facility faces daily the different legal issues with interdisciplinary approach.

Cigliano Law Firm, was founded in 1990 by Prof.. Cigliano Francesco, who through a multipurpose facility faces daily the different legal issues with interdisciplinary approach aimed at deepening systematic of each question. Through its national and international network, the firm has enabled individuals, companies, traders and public and private institutions to solve the various legal issues related to a daily reality more and more globalized.

01/10/2023

THE FATE OF THE NATIONAL JUDICATURE IN THE LIGHT OF EUROPEAN LEGISLATION.
"THE JUDICATURE CAN BE BROKEN" TO PROTECT SUBSTANTIAL SITUATIONS OF LAW.
THE PREVALENCE OF SUBSTANCE OVER FORM.
UNITED SECTIONS OF THE CASSATION N. 9479/2023.
I urge your attention to a very important ruling of the United Sections of the Supreme Court of Cassation (n. 9479/2023), which by breaking formal patterns and in application of the general principle of "effective protection of rights" and of the "prevalence of substance over form " also allows a person to assert their rights, especially in banking matters, but not only in the event that they have failed to lodge an opposition against an executive order (in the same way as an analogical application).
In all cases in which there is an "imbalance" in the relationship between the parties, or in the relationship referred to in this case between "consumer and professional", but also certainly where this imbalance can be configured, for example, in the relationship between the State and the taxpayer , the Judge is urged to review the formalistic approaches, urging an interpretation of the process which, even in the face of a final ruling, allows the rights and interests at stake to be effectively assessed for a reasonable interpretation and for the protection of human rights, allowing to "break the res judicata" and make substantive justice prevail.
This is to build, according to what the United Sections verbatim, a "community of rights" where the "needs of protection of the person" are guaranteed for a declination also in "personalistic terms" of the consumer, such as to guarantee a level of protection that goes, beyond economic interests, to extend to health and safety in a perspective that the Charter of Fundamental Rights of the European Union ascribes to the principle of solidarity (art. 38), "for the raising of the level and quality of life within the Union" to protect "human dignity" itself, all to bridge "that substantial gap between contracting parties" (and parts of the relationship).
This allows you to "reactivate" a cross-examination that did not exist, to guarantee the "fair trial"!
Nevergiveup!!
Nevergiveup!!!!

08/11/2022

STRONG BRAND WAS NOT THAT STRONG! CASE FERRARI / BRUMM

The Court of Cassation with order number 3.11.2022 established the important principle - in contrast to the monopolistic and universalistic approach of the owners of renowned brands - that the miniature reproduction of a model of Ferrari, with the affixing of the same trademark of the manufacturer, does not constitute an illegal use of the same, neither constituting a counterfeiting nor causing an economic damage to the well-known car manufacturer in terms of the "dilution" of the distinctive sign

26/08/2021

Civil Cassation, section trib. , 03/07/2021, n. 18890.
THE PRINCIPLES OF PROCESS ECONOMICS AND REASONABLE DURATION OF THE PROCESS PREVAIL EVEN IN THE EVENT OF VIOLATION OF ART. 102 C.P.C. IN MATTER OF LITHISCONSORTIUM NECESSARY, GUARANTEEING THE RIGHT OF DEFENSE OF THE TAXPAYER.
In the cassation judgment, in the presence of an assessment of a higher taxable amount charged to a partnership for the purposes of direct taxes, Irap and VAT, based on the same facts or on common elements, the nullity of the judgments of merit - for having been celebrated , in violation of the adversarial principle, without the participation of all the necessary litigation partners (companies and shareholders) - it must not be declared if the appeal in cassation of the Financial Administration is inadmissible or "prima facie" unfounded, given that in this case, deriving to the pretermitted litisconsorti any damage from the aforementioned ruling, ordering the referral to the court of first instance would be contrary to the principles of procedural economy and reasonable duration of the process, which are based in art. 111, paragraph 2, of the Constitution and in art. 6, par. 1, ECHR.

26/08/2021

INTERNATIONAL LAW

The Court of Rome, with a recent ruling in a proceeding sponsored by the Firm, returned Italian citizenship to the English descendants of an Italian citizen, who had been deprived of it. The lady had married an Englishman before 1948, losing her Italian citizenship under the previous law. The decision of the Court of Rome conformed to the principles of the jurisprudence of the Constitutional Court which had sanctioned the discriminatory nature of the outdated legislation against women, with the particularity that it was decided to apply the principles of the Constitutional Charter also to cases prior to its entry into force in 1948. The spirit of the Constitution has no time!

26/08/2021

ADMINISTRATIVE LITIGATION.
TAR, Liguria-Genoa, section II, ordinance 29/03/2017 n ° 263.
In the matter of public procurement and with particular reference to litigation on competitive procedures, the following quaestio iuris of a procedural nature has been posed: whether for the purposes of the admissibility of the appeal of the tender notice the appellant must, in any case, participate in the tender in order to demonstrate and maintain the interest in the judicial decision.
According to the majority jurisprudential orientation (confirmed in ultimis by TAR Campania, Naples, Section III, February 13, 2017, n. 848), the application to participate in the contested tender is, as a rule, a necessary condition for the purposes of the appeal of a notice, as suitable to differentiate the substantial situation of the applicant, making it worthy of protection.
On the contrary, the person who has not voluntarily participated in the tender has no right to appeal, since the deduction of a mere interest in the cancellation of the tender in full for the purpose of its repetition is irrelevant (see Cons. State, Section . III, 5 December 2016, no. 5113).

26/08/2021

EXTERNAL EXTENDED EFFECTIVE RENOVATION AGREEMENTS.

The new text of article 182 septies of the Bankruptcy Law, as amended by Law Decree 118/2021, extends the mandatory nature of the restructuring agreements also to dissenting creditors, provided that there is the consent of 75% of the relevant class of suppliers and that direct or indirect business continuity is envisaged by the agreement.

14/08/2021

No to the student mask if the desks are spaced apart
TAR Lazio, section I, sent., August 9, 2021, n. 9343
This was stated by the Lazio Regional Administrative Court, declaring the d.P.C.M. January 14, 2021 in the part in which it requires the use of masks at school even in the event of compliance with the distances provided for by the COVID-19 emergency legislation.

14/08/2021

Appeal to the Supreme Court pursuant to art. 111 Constitution paragraph 8.
Ordinance 598/2020.
Broader right of defense.

This important ruling affirms a new and more wide-ranging concept of violation of the limits of jurisdiction.
The Supreme Court has considered admissible the appeal against a sentence of the Council of State concerning the contract proposed by the excluded competitor, establishing the principle that the concept of jurisdiction and its violation must be understood in a sense, not only formal, as what a judge arrogates powers not due to the same, but also when one of the parties is precluded from exercising their rights of defense, not guaranteeing an effective exercise of the judicial functions.
In this case, the Supreme Court held that a decision of the Council of State in contrast with Community jurisprudence, such as to deem the appeal of an excluded competitor in the field of procurement inadmissible, constitutes a substantial infringement of the adversarial principle and the right to effective justice. .
The Supreme Court considered it appropriate to raise a preliminary question pursuant to art. 267 Treaty on the Functioning of the Union.
This is a very important decision that extends the guarantees of defense in cases of violation of the substantive rights of defense by the Council of State and special jurisdictions

14/08/2021

Court of Milan. Judgment on the application of art. 2477c.c. fifth paragraph refers to the inaction of the Shareholders' Meeting in the appointment of the supervisory body.
According to an interesting ruling by the Court of Milan, in order for the Court to appoint the supervisory body, a simple inaction of the assembly is not enough, but it is still necessary to approve the financial statements that make the appointment mandatory. This is also because the prorogatio regime pursuant to art. 2385 of the Italian Civil Code would not apply to the mayors.
Different rulings of other Courts should be noted, including Turin, according to which the vicarious power of the Court is always exercisable in the event of inaction by the Assembly in the appointment of the body that has failed for any reason

14/08/2021

Ne bis in idem also with reference to the crime of Fraudulent Declaration.
Sentence of the Supreme Court of Cassation 28437/2021.
An important ruling that dictates a principle of reasonable substantive justice.
An entrepreneur already convicted of the crime of fraudulent declaration, was again brought to trial for the same tax year on the basis of other invoices.
The Supreme Court clarifies that the consuming moment of the crime is that of the presentation of the tax return, not the one in which the documents are registered.
If the thesis put forward by the prosecution on reporting by the Revenue Agency were valid, the taxpayer could have undergone a plurality of trials for the same annuity, in defiance of a principle of substantial justice.
Fortunately, the Supreme Court adopts a reasonable interpretation of the rule, so that once the sentence of conviction and / or acquittal has become final, the process cannot be repeated "ad libitum".

14/08/2021

New contractual figure: "the re-employment contract".
The "re-employment" contract has been operational since 1 July, giving the right to six months of exemption from contributions.
Here are the requirements:
- it can have a maximum duration of six months;
- must be based on an insertion project;
- at the end of the six-month period each party is free to withdraw.
Unemployed persons who have declared their immediate availability to work electronically can use them

14/08/2021

News on the dispute between employer and employee.
The art. 150 of Legislative Decree no. 34 of 2020 dictates an important principle aimed at resolving labor disputes in the event that the worker is obliged to return what has been received from the employer.
Under the new provision, the obligation concerns the net amount, not the withholding taxes (taxes) that the employer, as withholding agent, had paid to the Treasury.
In turn, the employer can deduct the amount of withholding immediately regardless of the return of the net amount by the worker.
Certainly a reasonable middle solution.

Indirizzo

Rome
00187

Sito Web

http://www.studiocigliano.it/

Notifiche

Lasciando la tua email puoi essere il primo a sapere quando Law Firm Cigliano pubblica notizie e promozioni. Il tuo indirizzo email non verrà utilizzato per nessun altro scopo e potrai annullare l'iscrizione in qualsiasi momento.