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The slowness of the Italian judiciary has repeatedly been the subject of the Client Letter; it is not uncommon for legal disputes to drag on for more than ten years. The following case, however, is:

The testator died in 1952, leaving ten children, including the plaintiff, who was to inherit a piece…

Until a decision of the Federal Labour Court (Bundesarbeitsgericht, BAG) of 13.9.2022, the principle of so-called trust-based working time generally applied in Germany, with exceptions. The parties simply trusted - unless otherwise agreed - that the employee would independently complete the…


A hotelier read a guest's review on a travel portal, according to which his hotel had "the charm of the 60s and 70s" and that the "ham pizza was too expensive for its quality at 8.90 euros". As he was worried about the good reputation of his establishment, but in particular also had to fear loss of…


The question of immunity in favour of the German state for Nazi crimes during the occupation of Italy from 1943-45 seemed to have been decided in favour of Germany by the International Court of Justice in The Hague in 2012. Nevertheless, in a judgment of 20 June 2022, the Regional Court of Bologna…


24 years after signing the Rome Statute establishing the International Criminal Court, the Italian state wants to fulfil the obligations it assumed therein and promulgate a Criminal Code for International Crimes (Codice dei Crimini Internazionali). This will give the Italian criminal court…


Public procurement in Italy is to be consolidated into a single code with 230 articles. A bill to this effect is before the government, which may prepare a decree to this effect on the basis of Law 78/2022. If the bill is implemented, subcontractors will be allowed in public contracts for the first…


In its decision of 24.11.2022 (C-358/21), the Court of Justice of the European Union has decided on the effectiveness of a jurisdiction clause contained in the general terms and conditions to which the contract concluded in writing refers by the inclusion of a hypertext link to a website, access to…

If you are an Italian company and have sent employees to a construction site in Germany, it is very likely that you will receive a letter from the German Construction Fund (Soka-Bau) informing you that you are subject to the obligation to pay contributions. It should be observed that not all cases…

In its judgment of 06.04.2022 (7 U 9421/21), the Higher Regional Court of Munich ruled on the law applicable to a share purchase agreement. The contract for the sale of shares under the law of obligations is subject to the Rome I Regulation, as the exception of Article 1 para. 2 lit. f) of the Rome…

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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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