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Legislative Decree No. 122/2020, which transposed EU Directive No. 957 of 28 June 2018, introduces the cases of chain posting and long-term posting, which required a change in the notification form used so far: notification obligations must now be fulfilled in accordance with the requirements of…

02/02/2022

Legislative Decree 127/2021 of 15.09.2021 obliges all Italian workers to enter the workplace only with a so-called green pass (certificate that one has been vaccinated or has recovered). This applies to all rooms in which work is carried out, companies, shops but also offices of freelancers. The…

12/17/2021

Germany is internationally envied for its dual system of training skilled workers. The apprentice is trained 3.5 days a week in the company, 1.5 days in vocational school. The monthly remuneration for an apprentice is about 600-800 euros, depending on the apprenticeship year (the…

11/18/2021

Anyone who does not understand the title of this article is in good company, as far as the legal editor writing this article is concerned. These are supposed to be standard terms in modern labour law (see von Steinau-Steinrück in NJW Spezial, p. 626/2021). Workation is [work+vacation], bleisure…

10/29/2021

An employment contract contains a clause according to which the parties will set the targets for the performance-related remuneration (bonus) in the first months of the new year. But what happens if the employer remains inactive and no targets are set?

According to the established…

09/16/2021

An interesting decision of the Court of Cassation on the post-contractual non-competition clause gives reason to recall the still existing differences between Germany and Italy in this respect: An essential difference is the amount of the remuneration, Art 2125…

08/18/2021

The pandemic has greatly promoted the holding of court hearings in the form of video conferencing. In Germany, the corresponding provision (§ 128a ZPO) was amended to the effect that videoconferencing can also be ordered unilaterally by the court without obtaining the mutual consent of the parties.…

07/29/2021

An employee insulted a dark-skinned member of the works council with the exclamation "Uga Uga". In Germany, this is a popular exclamation for racists, which is supposed to reflect ape-like sounds. The employee was dismissed, his action for protection against dismissal was not only unsuccessful in…

06/25/2021

In Italy, the right to be reinstated after an unfounded dismissal ("tutela reale" of the employment relationship) has been substantially abolished in recent years. In Germany, it is still applicable, whereby a dismissal without social justification does not terminate the employment relationship in…

12/06/2020

Latest newsletter

Newsletter 52

The means to deal with the energy crisis are still being sought in Italy; in Germany two original ideas have been implemented. Firstly, the mineral oil tax was temporarily reduced by € 0.30 to relieve consumers of the rapidly rising petrol prices. However, instead of choosing a voucher system that would have directly benefited the consumer, the tax burden of the mineral oil companies was reduced in the naive hope that they would pass the tax reduction on to the consumer. Petrol prices then did not fall significantly, but the profits of the mineral oil companies increased considerably. There was rare agreement between government and opposition that this attempt had failed. The second interesting idea is the introduction of a 9 euro monthly ticket for absolutely everyone, with which all train traffic in the Federal Republic - with the exception of express trains - can be used. More than 7 million tickets have already been sold. It remains to be seen with excitement whether this will be a real first step from individual transport to public transport. The experiment is initially limited to 3 months.

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Newsletter 51

At the last minute, we are able to report that the major Italian civil procedure reform was passed by the Chamber of Deputies on 25 November 2021. In part, the German civil procedure was the inspiration (see below, News from Italy). In part, there are many innovative approaches that are intended to relieve the judiciary and could also be a model for Germany, such as mandatory out-of-court mediation in many areas of law. The primary goal is to significantly reduce the duration of litigation. In Italy, a civil case took 7.3 years (2656 days) in 2018; the ministry hopes for a reduction of about 40%; it would then still be 1593 days for a civil case.

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Newsletter 50

Difficult, difficult! When the First Client Letter appeared, the world seemed healthier and the judiciary more peaceful. Today, the world is heated and the judiciary is bursting at the seams: both in Germany (Federal Constitutional Court) and in the Netherlands (Hague District Court), the executive is being ordered to act. Not a very good sign when we lawyers (!) have to save the world. But whatever happens, we are ready...

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Newsletter 49

The ambitious goal of this issue was to not even mention Corona or Covid19 . We didn't quite make it, as some areas of law - such as insurance law or family law - are currently dominated by C19 . The pandemic will soon be overcome, what is questionable are the late effects. We fear a world in which everything takes place on the couch. The Amazon boom will possibly further lead to the desolation of cities.... But we are optimistic. At the end of the pandemic, all the people will come out onto the streets, populate the cities, and shop for real again instead of online. That's the way it should be!

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Newsletter 48

Frederick the Great would have liked legal Tech (see Information for Colleagues, p.6). He was suspicious of any judicial discretionary decision. In his code of laws with over 29,000 paragraphs, everything was to be conclusively regulated and derived directly from the law. With such a database, every case would have to be solved automatically. Covid 19, for example, shows that something completely new can arise that could not be regulated beforehand. It is not the pandemic itself that is new, but the positive reaction of the state. In the past, as recently as the last 1950s with Asian flu, people just died, most of them at home. So let's be glad to live in our age and creatively tackle the legal problems that arise with genuine common sense (human tech)!

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Newsletter 47

This year there was 70 years of the Basic Law to celebrate. Article 1 reads, "Human dignity is inviolable." This provision is very topical in the age of the Internet, both in Italy and in Germany. A regional court in Berlin has ruled that it is a sign of freedom of expression for a deserving politician to be subjected to the very worst insults imaginable for a woman. At the same time, the former Italian interior minister is anything but restrained in his choice of words when he seeks adjectives for the current members of the government. In the movies of the fifties of the last century, children's ears were covered during such cannonades. A certain nostalgia is spreading among the editorial team members of the client letter, who are no longer dewy-eyed.

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