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As of 1 October 2021, the new tariffs for calculating tolls in Germany come into force. In addition, following the judgment of the Court of Justice in case C- 321/19 (see our previous article) the German state has taken a step forward, now recognising the possibility of requesting a refund of part…

In its judgment of 01.07.2021 (C-301/20), the European Court of Justice, in answering the questions of the Austrian Supreme Court on the interpretation of the Succession Regulation 650/2012, has laid a further stone in outlining the functionality of the ECS in favour of its usability for citizens in…

09/08/2021

The Italian National Chamber of Notaries published in March 2021 Study No. 27 2021/T, providing its own interpretation on the applicable rules for the 110% bonus, noting some practical aspects and critical points on the often-restrictive interpretations of the tax authority in its interpretative…

In 2020, the previously different legal situation in Germany and Italy regarding who has to pay the broker's fees when buying a property has been harmonised.

In Germany, there has been a legal reform for this purpose. The new §§ 656 a ff BGB (German Civil Code), which were introduced on 23 December…

Italy follows the example of other European countries and introduces a uniform child benefit (assegno unico per i figli) for dependent children, which is comparable to the child benefit in Germany. Therefore, from 1 July 2021, Italy will introduce, on a transitional basis for six months, a single…

By order of 10 February 2021, the Regional Court of Milan, applying Art. 2 terdecies of the Ital. Data Protection Act (Legislative Decree 196/2003), which regulates the rights of deceased persons, ruled that, contrary to the objection of Apple, which stayed away from the proceedings but had referred…

08/26/2021

In the case of a company purchase, it is internationally customary for the seller - as far as legally possible - to exclude all warranties and only refer to the correctness of the financial statements and to the completeness of the documents resulting from the data room. However, liability for…

Who has not driven through Italian city centres and been filmed or photographed by the local administration? Who can claim not to have received parking tickets from private companies with adventurous names such as European Municipility Outsorcing, a company of Nivi s.r.l.?  It is now reported that…

08/20/2021

In its judgment of 24 September 2020 (VII ZR 69/19), the Federal Supreme Court (BGH) ruled that an authorised dealer cannot demand information on the gross profit achieved from the company for the purpose of calculating its compensation claim. The entrepreneurial advantages required for the…

08/19/2021

The Court of Cassation has again confirmed (Decision No. 11012/21) the nullity of the agreements by which the spouses intend to settle future property issues in view of the divorce in the context of the separation. The Supreme Court pointed out the indispensability of rights arising from marriage…

Latest newsletter

Mandantenbrief 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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