News

Unauthorized management activity of non-hazardous waste: with Law 147/2025 the Government’s grip is loosened

Recently entered into force, Legislative Decree 116/2025 (so-called. Decreto Terra dei Fuochi), which sanctioned the aggravation of the prescribed penalties regarding environmental offences, underwent a slight mitigation when converted into law. Specifically, the Terra dei Fuochi Decree, in force from 9 August 2025, had provided that “ anyone who carries out waste collection, transport, recovery, disposal, trade and intermediation activities in the absence of the required authorisation, registration or communication referred to in articles 208, 209, 210, 211, 212, 214, 215 and 216 is punished with imprisonment from six months to three years”. The crime of unauthorized management of non-hazardous waste, which has always been a contravention crime, therefore acquired a criminal nature.

Ryanair applies the clause that imposes the Irish court for disputes and claims

In the case of a claim for reimbursement for delayed flights, the Ryanair clause which assigns cases to the Irish court applies. An exception to the rules on jurisdiction that is possible if the passenger, when purchasing the ticket online, ticks the box with the point and click system. The United Sections, with the sentence nr 8802/2025, rejected the appeal of a couple who had asked Ryanair € 517,00 as pecuniary compensation and transfer costs. The request was based on the long delay of a flight from Alghero/Treviso rerouted to Venice. A request accepted by the Justice of the Peace and rejected by the Court, then ended up to the attention of the United Sections.

Illegal labour supply: new criminal cases and increased penalties

With D.L. n. 19/2024, effective on 2 March 2024 and converted by modifications from L. 56/2024, the legislator has repealed Article 38a of the D. Lgs. 81/2015 that punished the illicit administration of labor and inserted the new discipline within the Decree Biagi, art. 18. Not only does this article penalize the illegal use of labour with more severe penalties, but it also reintroduces criminal rules in the context of unfair contracts which conceal an illicit placement of labour and in the context of unauthorised secondment of labour.

Air transport: the compensation provided for in Reg. EU 261/2004 is not subject to the two-year limitation period

Under the air transport contract, the right to compensation, provided for by art. 7 of EC Regulation n. 261 of 2004 in favor of the passenger who suffered a discomfort due to the delay, the denied boarding and/or cancellation of the flight, having a compensatory nature, is not subject to the period of forfeiture provided for by art. 35 of the 1999 Montreal Convention, whose operation is limited to compensatory actions, having, moreover, excluded that the referral made by the amended art. 949 ter c.n. – which refers to art. 941 c.n. – to the “EU rules ” and to the “international legislation” leads to the automatic application of the Convention.

This was decided by the Supreme Court with Order No. 4427 of 20 February 2024.

Can the collision between an aircraft and a bird be qualified as an exceptional circumstance?

For the air carrier’s liability for delays or cancellations, exceptional circumstances, which exclude such burden, are events which, by their nature or origin, are not inherent in the normal operation of the air transport business. By formal summons of March 15 2021 Fr.Al. appealed against the judgment of the Court of Bergamo n. 781/2020, published on September 29 2020, with which it was rejected his request to obtain compensation pursuant to art. 6 and 7 Reg. EC No. 261/2004 due to the delay of the flight Ry. (…) Alghero – Bergamo.

The co-pilot’s death is unimportant

Air travel is a convenient and efficient way to tour the world, but it is not without its share of potential inconveniences and disruptions. Flight cancellations, for instance, can happen for various reasons, from weather-related issues to technical problems. However, on the 17^th of July 2019 TAP Air Portugal experienced an uncommon and unfortunate event: the unexpected death of the co-pilot, at 4:15 AM, scheduled to operate a flight from Stuttgart to Lisboa, with departure at 06:05 AM. In such tragic cases, it’s essential to understand responsibilities and charges of the Airlines and whether passengers are entitled to compensation.

Due process also involves the conciseness of civil procedural documents

From September 1^st 2023, will come into force the new criteria for the drafting of procedural documents applicable to civil cases worth less than 500,000 euros. By Decree No. 110 of 7 August 2023, the Ministry of Justice, in accordance with art. 46 regarding the implementing provisions of the Code of Civil Procedure, issued the first Regulation containing the criteria for drafting judicial acts. The new rules make operational the principle of clarity and conciseness of procedural acts, introduced with Cartabia Reform art. 121 c.c.p. that states: “All the proceedings shall be drafted in a clear and concise manner” whose aim is, obviously, to speed up the duration of civil trials, starting from the documents deposited in the Courts.

United Sections on repeated offences: challenge allowed even in the absence of a previous judicial declaration of simple recidivism

The United Sections of the Supreme Court of Cassation, by judgment no. 32318/2023, lodged on 25 July 2023, held that “for the purpose of recognition of repeated recidivism, it is sufficient that, at the time of the offence, the accused is already burdened with several final sentences for crimes previously committed to underline a greater social danger, subject to specific and adequate motivation, without the need for a prior declaration of simple recidivism”. The Fifth Criminal Chamber had referred the matter to the United Sections considering that, for the configurability of repeated recidivism, a previous final sentence of conviction for an offence aggravated by recidivism was necessary.

Air Canada and Ita Airways, a link between North America and Europe

It’s good news for the millions of Italians living in Canada who have found Air Canada to be a safe haven for international travels; the national airline has decided, in fact, to upgrade flights to Venice, Rome and Milan and to conclude a collaboration with Ita Airways. Already a partner of Lufthansa, Air Canada imagines Fiumicino Hub (in Rome) as a crossroads of courses to Eastern Europe and Africa, booming markets, while Ita Airways will extend its routes to North America; no competition, therefore, but integration and balance between the most accredited air transport companies. Consequently, as soon as Ita Airways will enrich the firmament of Star Alliance, code sharing agreements will be signed and cooperation on freight transport is also expected.

Flight Connections : Definition, Rights and Duties

Article 2, letter h) of the Regulation (CE) n° 261/2004, released by both EU Parliament and EU Council on February 11th 2004, describes as “flight connection“, an operation of transport made by many flights realized by different carriers not linked by a specific contractual burden where it should be effective if these flights were booked by a travel agency that invoiced a total price. Moreover, this should be valid if it is released a single ticket from the above-mentioned operation. Therefore, a passenger who is departing from an airport of an EU Memeber State, perhaps victim of a prolonged delay, he/she/they has the right to receive compensation according to article 7 of the EU Regulation n° 261/2004.

Michael Haddad’s AWAKE Walk : A Journey for the Planet and People

On June 12, 2025, Lebanese endurance athlete Mr. Michael Haddad will bring his message of urgent climate action and the empowerment of people with disabilities to Brussels, the heart of European political discourse, where he will lead a symbolic 1-kilometer walk through the Parc de Bruxelles, under the patronage of Her Majesty Queen Mathilde of Belgium. The AWAKE Walk, in addition to its goal of amplifying the often-overlooked—and most vulnerable—voices in the face of a rapidly changing climate, will be a high-level event featuring the participation of Luca Salvi Esq., founding partner of Salvi Saponara & Associati Law Firm and recently appointed Legal Representative for Michael Haddad in Europe; Ambassador Pietro Sebastiani and his spouse; Mr. Raghed Assi representing UNDP Lebanon; Mr. John Pagano, CEO of Red Sea Global; Mr. Scott Henshaw, Chief Architect of Red Sea Global; Mr. Mohamed El Tarhuni from AUS Provost; Mrs. Theresa Panuccio and Mr. Saad Bayk El Zein.

Cryptocurrencies and the crime of unfaithful statement: the Supreme Court rules on the failure to declare the proceeds from the trading of NFT

Cryptocurrencies are now talked about everywhere, but what exactly are they? As reported by Consob, the term cryptocurrency “consists of two words: crypto and currency.” and is used to indicate the virtual currency, “visible/usable only by knowing a certain computer code (the so called public and private access keys, in even more technical language)“)”[1]. Given the great interest that cryptocurrencies have taken on at an economic level, there have been numerous legal implications. The case-law has inquired about whether virtual currency, which is not linked to either the concept of money or that of goods in kind, can be taxed.

Commission and contractual relations: the Supreme Court sentences 0.1%

In 2016, Fiavet and one of its associated travel agencies, agreed to sue Deutsche Lufthansa Aktiengesellschaft, considering illegitimate the variation from 1% to 0.1% of the sales commission for the airline ticketing business and inferring that this change was contrary to the contractual agreements concluded with IATA and, in particular, with the agreements called Passenger Sales Agency Agreement (PSAA), containing the general conditions aimed at regulating relations between agencies and carriers at an international level.

Important ruling by the EU Court of Justice on Air Transport

As a result of this ruling, they must be considered contrary to the art. 15 of Reg. 261/04 the contractual clauses, contained in the general contract conditions of airlines which prohibit the passenger from transferring his right to compensation to third-party professionals. However, the scope of the ruling is wider and it can be stated that the contractual clauses that prevent passengers from being able to turn, right form the start, to trusted professionals to request compensation are equally illegitimate.

Declarative tax-related crimes: when configuring the responsibility of devoid administrators

Regarding declarative tax-related crimes, The Supreme Court of Cassation has clarified in its judgment No. 31017/2023 that: “managers of a company who have not signed a fraudulent tax declaration by using invoices for non-existent transactions since another administrator provided this, “concretely” in their assigned functions, respond in conjunction with the crime referred to in art. 2 L.D. n. 74 of 2000 only if they have been aware of the inclusion of such false documents in the accounts and, nevertheless, have not acted to prevent their indication in the declaration or to prevent the submission of the latter”.

United Sections No. 40797/2023: beginning of bankruptcy and preventive seizure aimed at the confiscation related to tax offences

By judgment No 40797/2023, lodged on 6 October 2023, the Supreme Court intervened, once again in United Chambers, in order to resolve a jurisprudential conflict between several, previous, Joint Chamber judgments (Court of Cassation Criminal Section No. 29951/2004, Criminal Cassation Criminal Section No. 11170/2014, Criminal Cassation Criminal Section No. 45936/2019) and stated the following principle of law: “bankruptcy does not prevent the adoption or permanence, if already provided, of the preventive seizure order aimed at the confiscation of tax offences”. In the years, in fact, two different orientations were formed about the prevalence or not of the criminal ablatory measure with respect to the insolvency procedure.

News About Alternative Dispute Resolution (ADR)

Italian Transport Regulation Authority (hereinafter Art) introduced, for air transport, a mandatory ADR (Alternative Dispute Resolution) procedure to be carried out before starting a dispute on Reg. 261/2004 and the Montreal Convention. All with effect from 28 February 2023, unless the Authority decides otherwise. The annual Competition Act conferred the Transport Regulation Authority new specific powers regarding the judicial settlement of disputes between users or consumers and economic operators managing networks, infrastructures and services, including air transport.

Cartabia Reform : the exclusion of non-punishability due to the particular tenuity of the fact also in the context of legitimacy

The fifth criminal section of the Supreme Court of Cassation, by judgment no. 17168 of 23 March 2023, has ruled that the institute of the exclusion of punishment for tenuousness of the fact, referred to in art. 131 bis p.c., having a substantial nature, is also applicable in proceedings relating to facts committed before the entry into force of L. 150/2022 (so-called Cartabia Reform). It follows that the application of art. 131 bis p.c. is also deductible in pending cases at the stage of appeal or legitimacy even if the applicant could not have deduced the application of art. 131 bis in the appeal, that is, in the grounds of appeal for expiry of time limits.

Liability of the real estate broker also for information known and not communicated to the customer during the pre-contractual phase

With the recent Order n. 11371 of May 3 2023, the Supreme Court of Cassation ruled that, regarding the real estate mediation: “The mediator, pursuant to art. 1759, paragraph 1, c.c., must communicate to the parties the circumstances known to him/her, or that he/she should have known by the use of the care imposed by the professional nature of the business, relating to the assessment and security of the deal, which may affect its conclusion or determine the parties to sign it under different conditions; it follows that, where the transaction is settled, the broker may be liable for compensation in the event of failure to inform the buyer on the existence of urban or building irregularities not yet remedied related to the property being sold”.

News About Combined Transport from the Court of Ancona

The Court of Ancona, after sentence n.753/2022, accepts the exception formulated by Lawyer Luca Salvi establishing that in reference to mere air transport contracts “there are no combined transport and accommodation services for a global price”, so that, based on art. 17 of the European Settlement 1215/2012,the Consumer Forum cannot be involved. Therefore, regarding litigations about passengers flights, it is relevant the forum of the defendant or the one of the judge involving the territory of departure and/or arrival of the flight in question.

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