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Italy: Update on Measures to Fight the Covid-19 Pandemic

(May 28, 2020) On May 17, 2020, the president of Italy’s Council of Ministers issued a decree containing measures to implement Decree-Laws No. 19 of March 25, 2020, and No. 33 of May 16, 2020, on urgent measures to deal with the COVID-19 pandemic. Additionally, on May 19, 2020, a new ordinance issued by the […]

Italy: Decree Laws on Conclusion of School Year and Elections amid COVID-19 Pandemic Issued

(May 20, 2020) In April 2020, two decree laws entered into effect in Italy to regulate educational and electoral affairs that had been disrupted by the COVID-19 pandemic. Decree Law No. 22 of April 8, 2020 (D.L. No. 22) on the conclusion of the 2019/2020 school year and state examinations in Italy entered into effect […]

Italy: Supreme Court of Cassation Addresses Required Evidence in Corporate Shareholder Claims

(May 12, 2020) On February 19, 2020, the Italian Supreme Court of Cassation (SCC) clarified the evidence a corporate shareholder must present to prove a claim for repayment from the corporation. (Decision No. 4261 of February 19, 2020 (Decision).) Background of the Case The SCC reviewed a case submitted by the Appellate Court of Lecce, […]

Italy: New Decree Imposing Additional Measures to Curb Spread of COVID-19 Enters into Effect

(Apr. 29, 2020) On April 14, 2020, a decree of the president of the Council of Ministers containing further urgent measures to curb the COVID-19 pandemic entered into effect in Italy. The decree will remain in effect until May 3, 2020. (Ulteriori Disposizioni Attuative del Decreto-Legge 25 Marzo 2020, n. 19, recante Misure Urgenti per […]

Italy: New Decree-Law to Ensure Liquidity for Distressed Companies Enters into Effect

(Apr. 21, 2020) On April 9, 2020, Decree-Law No. 23 (D.L. No. 23), which guarantees liquidity for companies in distress as a result of the coronavirus emergency, entered into effect in Italy (Misure Urgenti in Materia di Accesso al Credito e di Adempimenti Fiscali per le Imprese, di Poteri Speciali nei Settori Strategici, nonche’ Interventi […]

Italy: New Regulations Setting Further Measures to Tackle Coronavirus Pandemic Enter into Effect

(Apr. 8, 2020) On March 23, 2020, a circular entitled Urgent Measures to Contain and Manage the Epidemiologic Emergency Caused by COVID-19 Applicable Throughout the National Territory (Circular), which was issued by the Presidency of the Council of Ministers and the Extraordinary Commissioner for the Implementation of Measures to Contain and Fight the Epidemiological Emergency […]

Italy: New Regulations Granting Government Funds to Companies During the Coronavirus Pandemic Enter into Effect

(Apr. 6, 2020) On March 23, 2020, the Ordinance of March 23, 2020, Benefits for Companies During the COVID-19 Emergency issued by the Presidency of the Council of Ministers (Prime Minister’s Office) and the Extraordinary Commissioner for the Implementation of Measures to Contain and Fight the Epidemiological Emergency Caused by COVID-19 (Ordinance No. 4) entered […]

Italy: New Provisions Amending the Civil Protection Code Take Effect

(Mar. 30, 2020) On February 27, 2020, Legislative Decree No. 4 of February 6, 2020 (L.D. No. 4), amending Legislative Decree No. 1 of January 2, 2018, the Code of Civil Protection (C.P.C.) entered into force in Italy. (Decreto Legislativo 6 febbraio 2020, n. 4, Disposizioni Integrative e Correttive del Decreto Legislativo 2 gennaio 2018, […]

Italy: Provision of Regional Basilicata Law Granting State Legal Aid to Certain Criminal Defendants Ruled Unconstitutional

(Mar. 3, 2020) On November 19, 2019, the Italian Constitutional Court declared the unconstitutionality of article 7, paragraph 2 of Law No. 45 of the Basilicata Region, which granted legal assistance to certain criminal defendants. (Decision No. 285 of November 11, 2019  (the Decision) (in Italian).) Request for Declaration of Unconstitutionality  The President of the […]

Italy: Reform of Statute of Limitations in Criminal Cases (“Bonafede Reform”) Takes Effect

(Feb. 21, 2020) On January 1 2020, article 1 of Law No. 3 of January 9, 2019 (Legge 9 gennaio 2019, n. 3) (Law No. 3)—named the “Bonafede reform” after Italian Minister of Justice Alfonso Bonafede—entered into force. The provision amends article 159, paragraph 2 of the Criminal Code to introduce a controversial suspension of […]