Corporate & Commercial – November 2016
Administrative liability of legal entities: the interest or benefit coincides with cost-savings achieved
“From the legal entity’s asset perspective, interest and benefit should be considered as saving of economic resources resulting from the failure to implement safety procedures and protections (from the most basic and generic ones, such as training and information, to the more specific and sectorial ones), as well as from the general infringement of the rules regulating the disposal of hazardous wastes […]. Besides as economic growth resulting from the increase in productivity not prevented from the compliance with the applicable prevention laws and with the legislation governing the specific field of work”.
– Criminal Supreme Court, IV Division, no. 31210 of 19 May 2016 –
The exercise of the right of withdrawal between ius variandi and indexation clauses in the field of electronic communications: the CJEU point of view
“[…] a change in charges for the provision of electronic communications networks or services, resulting from the operation of a price adjustment clause contained in the standard terms and conditions applied by an undertaking providing such services, the term providing that such a change applies in accordance with changes in an objective consumer price index compiled by a public institution, does not constitute a ‘modification to the contractual conditions’ within the meaning of that provision, which grants the subscriber the right to withdraw from the contract without penalty”.
– Court of Justice, Fourth Chamber, judgment of 26 November 2015, case C-326/14 –
Diversified CONAI (National Packaging Consortium) Environmental Contribution for plastic packaging
With the purpose to encourage the use of more recyclable packaging, linking the Environmental Contribution to the environmental impact of end of life/new life stages, CONAI has decided to diversify the amount of CONAI Environmental Contribution for plastic packaging. Pending the fixing of the new contributory values, the Technical Guide published in September 2016 shows the innovations of the new system, in order to enable companies to assess its effects on management procedures and information systems currently in use.
Capital contributions in limited liability companies: different views of the Notaries of Milan and of the Campania Region
Notaries of Milan and of the Campania Region gave opposite views on the applicability of the obligation to make contributions in cash and in full, as envisaged by Sections 2643 and 2643-bis of the Italian Civil Code with specific reference to the phase of incorporation of “simplified” and “reduced-capital” limited liability companies, also to capital increase up to 10,000 Euros. Opposite views were likewise expressed with respect to the eligibility of banker’s cheques as means of payment of contributions in cash in limited liability companies.