Initially, the UBO Decree mandated that companies, recognized foundations and associations, trusts, and fiduciary mandates based in Italy fulfill their duty to report data and information on ultimate beneficial ownership by...more
The 29 September 2023 Decree of the Ministry of Enterprise and Made in Italy (the Provision) finally implementing the Register of Ultimate Beneficial Owners (the UBO Register), as required by Legislative Decree 231/2007 (the...more
The decree implementing the EU Directive 2020/1828 was published in the Italian Official Journal, thereby introducing representative actions, a new instrument for the protection of the collective interests of consumers...more
Towards faster and more efficient proceedings or a reform in name only? -
Justice reform is one of the key goals of the National Recovery and Resilience Plan that Italy must meet in order to access the resources made...more
The Decree lays down provisions on the communication of data and information on the beneficial ownership of Italian companies, private legal persons, trusts and similar institutions....more
The debate of the conflicting trends of Italian lower courts’ case law on the validity of Interest Rate Swap (IRS) contracts following the decision by the Joint Divisions of the Supreme Court No. 8770/202 and following...more
In our publication of 16 December 2020, we gave an overview of Italian case law in 2020 on the nullity of Interest Rate Swap (IRS) contracts: the majority of the decisions published at that time declared such contracts null...more
Individuals who refuse to provide financial market authorities with answers that may establish their liability and trigger administrative sanctions of criminal nature cannot be punished.
In Case C-481/19, on 2 February...more
In the specific case submitted for its consideration, the Court of Florence established the following question of law: "whether a judge, who is asked generically to order the defendant to pay interest, without any other...more
Serious risks of invalidity, restitution effects and possible defences.
Italian Courts issued numerous rulings on derivatives in the last decade: but the year 2020 has been particularly dense of judgments and could mark a...more
Recent amendments to Italian law add a new chapter to the longstanding debate over the Italian dual-track system and its compatibility with the double jeopardy (ne bis in idem) principle. ...more
On 29 September 2018, Decree no. 107 of August 10, 2018 (the Decree), which amends the Italian legislative provisions to transpose the Market Abuse Regulation no. 596/2014 (the MAR ) in Italy, will enter into force. Inter...more