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Public procurements law
With reference to the public procurements' law, the firm can provide assistance for:
the public - private partnership's legal transactions' establishment (including project financing, especially under articles. 153 et seq., D.lgs. 12 - 4 - 2006, n. 163);
the participation in public procedures for the public contracts' award (works, services or supplies), also, with reference to the public authorities, to define the tenders’ publications;
the public procedures for the public - private joint ventures (especially with reference to the local public services' field pursuant to D.lgs. 18 - 8 - 2000, n. 267 and to the private partner's selection);
- all the stages concerning the same public procedures - or those directed to create "in house providing" cases -, especially, with reference, with regard to private individuals, to the damages resulting from the the Public Administration's activities in the listed matters.
A primary emphasis is given to the issues related to water services pursuant to d.lgs. 3 - 4 - 2006, n. 152.
Tax law
With reference to the tax law, the firm can provide assistance for disputes related to Italian taxes such as TARSU (ie, TIA) or ICI, designing the overall strategy of defense, considering the preparation of explanatory statements, acts of counter-arguments and appeals, representing up to tax commissions at the provincial and regional levels.
Law of the public services
With reference to the public services' law, the firm can assist for:
- the public - private partnerships for the public (especially local) services' management;
- the private partner's selection in the mixed public - private companies instituted to provide those services;
- judicial defense with reference to the tenders’ acts for the award of such services;
- the commercial law with respect to the civil and corporate forms' choice in relation to the public services' management;
- market analysis for the most appropriate methods and technical (especially in terms of corporate and commercial law) tools for the concrete instruments' choice concerning the public services' delivery.
Besides the
aforementioned field, this advice is
addresses to the national services' areas (especially in relation to
the electricity sector and with regard to the production
through the latest technologies concerning the renewable
energies ex d.lgs. 29 - 12 - 2003 n. 387) too, as well as the public services provided for ex d.lgs. 152/ 2006 (such as those regarding the "waste" discipline).
The firm may conduct counseling and support for cases about the “competition”'s law
(particularly within the European Union's discipline), with reference
to profiles of, for example, "state aid" in relation to the public – private
mixed companies (encharged to provide public services).
Environmental law
With regard to the environmental law, the Firm offers advice about:
the procedures for EIA and SEA, pursuant to arts. 4 et seq., d.lgs. 3 - 4 - 2006, n. 152, both for public administrations and private entities who wish a clear and precise picture on the their interests' protection in those proceedings;
issues of environmental damage under the current Italian and European regulations (in particular, art. 311, d.lgs. 152/2006);
the regulations on “waste” matter (especially in relation to the so-called "remediation of contaminated sites" within the d.lgs. n. 152/2006);
in the energy sector, with reference to the law issues ifor the electricity plants' installation with photovoltaic systems under d.lgs. 29 - 12 – 2003, n. 387;
for matters related to the the “landscape”'s right;
litigation proceedings cocnerning the imposition of administrative sanctions for the the Italian and European law's violation about the environment's protection (in particular, under articles. 133 et seq., d.lgs. 152/2006, especially in the field of the "waste" discipline).
Urban and town planning law
For the urban and town planning law, the Firm offers, in particular, for local authorities, advice on:
- the urban plans' preparation, especially with regard to the “landscape”’s grant’s;
- litigation proceedings relating to such plans;
- the planning procedures, in particular, for the constraints' prediction to protect the environment and the “landscape”.
The Law Firm may offer advice to private parties on the urban and town planning law about:
- all the planning procedures;
- the urban plans' law infringements, especially with regard to the environment, "landscape” and cultural goods law;
- the expropriation for public utility, particularly with regard to the the damages' compensation for the private subjects.
Navigation and shipping law
With reference to the navigation and shipping law, the Firm can provide assistance for all the areas covered by this issue, both with regard to the navigation at sea and in relation to the provisions contained in the "Navigation Code" relating to aircraft.
The law firm can provide advice, in particular, for:
- problems concerning the "craft", as, for example, aspects of tort liability for damages caused by such "vehicles";
- problems related to the town planning law in relation to the "ports"'s establishment or to areas designated for aircraft takeoff and maneuvers (for example, in a civilian airport);
- the international or domestic law relating to contracts for the purchase of boats or economic activity for the production (and sale) of such "vehicles".
Administrative liability of the legal persons ex d.lgs. 231/2001 (an
Italian discipline that has introduced a new kind of responsibility of
the legal persons)
With reference to the form of liability provided for by d.lgs. 8 - 6 - 2001, n. 231, the Firm offers advice in the constitution of legal persons or corporate bodies (associations, foundations or companies), for the fulfillment of the "burdens" required by that legislation and, in particular, with reference to the determination of the so called "supervisory body" and of the "ethical code".
In court the law firm offers advice on defense against the penalties provided by the indicated Italian law.
The ability to carry out this advice refers, in general, for example, to the environmental matters or to the "crimes" for corporate or business activities not covered by that legislation.
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