Abuse of a dominant position: CJEU’s qualifying criteria
According to the CJEU, the abuse of a dominant position pursuant to Article 102 of TFEU is triggered when an undertaking exploits its own resources or assets in order to…
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The absence of the organisational model does not automatically determine the administrative liability of the entity
The fourth section of the Supreme Court distinguished the legal entity’s liability from that of the senior officers, perpetrators of the crime. The Court ruled that the absence or the…
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Protecting the whistleblower’s privacy
Whistleblowing is a corporate compliance tool through which employees or third parties of a company can report, in a confidential and protected manner, any wrongdoing encountered in the course of…
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How to prove the assignment of receivables
Court of Appeal of Ancona, in accordance with other case law, has held that the proof of the title of credit must be provided by means of the assignment contract,…
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EBA’s report on shadow banking system
EBA published its final proposal of regulatory technical standards that set out the criteria for identifying shadow banking entities for the purposes of supervisory reporting on large exposures. Entities that…
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On the “russian roulette clause”: the Supreme Court delves into its validity
In view of the absolute novelty and complexity of the issues raised in the proceedings in question, the Court of Cassation has recently entrusted its office of maxims with the…
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Application of market manipulation and obstruction of Consob’s supervision: clarifications from the Court of Cassation
The fifth section of the Supreme Court has recently outlined the application boundaries of the offences of obstructing the functions of supervision, set forth under Article 2638 of the Civil…
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National Cybersecurity Strategy
A national cybersecurity authority has been established by means of Law Decree no. 82/2021, for the purpose of protecting national interests in the cyberspace. In addition, a national cybersecurity strategy…
DetailsOnline fraud: limits of the bank’s liability
The Criminal Court of Parma has recently rejected an appeal against a fraud allegedly made online. The appellant had also sued the bank in question in order to obtain the…
DetailsESMA report on best execution reporting
ESMA has published a report to the European Commission on best execution supervisory reporting for investment firms under the MiFID II, in order to ensure an effective and consistent level…
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