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Travaglini said in his press conference on water ermergenza


Montenero di Bisaccia. "I can not determine an alarm procured without objective data, while remaining ready to bring to account, in appropriate fora," who so instrumental in bad faith and has released partial data, creating an unjustified alarmism. " Mayor Nicola Travaglini attacked so yesterday morning news conference Cristiano Di Pietro, the municipal council of minority offender - in his opinion - I did worry unnecessarily and excessively, people through a flyer.

Read the article published on The Daily Molise

The video of the press conference the mayor Travaglini

Borgia has also tabled a question, click here to read the article

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Damage caused by crossing the road to a wild animal? The Region is responsible

Court of Cassation, sez. III, Judgement of 16 November 2010, No 23095

The region should prepare all necessary measures to prevent wild animals causing damage to persons or property. Not only that. In the event of damage caused by wild fauna and whose compensation is not provided for by special rules, the local authority may be liable pursuant to Art. 2043 cc


to uphold and the Supreme Court, which - with sentence no 23,095 filed Nov. 16, 2010 - dismissed the appeal against the decision of the Regional trial court, alleging that the responsibility for the accident, caused by a big boar that had suddenly crossed the road, addebitale was the Tuscany Region and the Province of Grosseto for violation of the commandment against causing laedere art. 2043 cc.
According to the judges of the legality of the art. 1 of Law No 157/1992 provides that "the wildlife heritage is unavailable and the state is protected in the interest of national and international community."

The rule also provides that the ordinary statute regions must make provision for the management and protection of all wild species.

Finally, the SC said that "to cope with the damage that is not otherwise eligible for compensation caused to agricultural production and prepared to work on farmland and grazing by wildlife, particularly that which is protected and hunting is the activity of each region by a fund for the prevention and compensation. "

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Acqua Di Pietro jr attacks Travaglini and Murazzo: lack of information - Travaglini Travaglini


Montena RO saddlebags. Liscione contaminated water, but why not warn population? This in a nutshell the gist of the question filed by the director of minority Christian Di Pietro and addressed to Mayor Nicola Travaglini Environment and alderman Joseph Murazzo. The two components of the junta accused the exponent IDV that "the local population complained absolute lack of information from the municipal administration,

Read the article published on the newspaper's Molise

Update 30 December 2010:
The Mayor shall issue an order of prohibition and convene the conference. Di Pietro jr: Late

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Two days to remember Danilo Dolci to 13 years after his death

Wednesday, December 29, 2010 hours 18
based PRC - The former Arena Baido - Partinico

Screening of "Danilo Dolci, memory and utopia" by Alberto Castiglione

A documentary on the figure of the "Gandhi of Sicily, Danilo Dolci. The work recounts through interviews and archive contributions, the experience of the first twenty years of Danilo Dolci in Sicily, from 1952 to 1972. Firm believer in peace, prophet of non-violence in a land ravaged by poverty and by the Mafia, Sweet was three times nominated for the Nobel Peace Prize. Creative and rigorous at the same time, the path to utopia Danilo Dolci was able to combine and draft. His life and his work have shown us the possibility of a road, but real hard for a future alternative to mass production, the disintegration and violence. The legacy that is delivered is enormous. "Creative and rigorous at the same time, the path of Danilo Dolci was able to combine project and utopia. His life and his work have shown us the possibility of a road, but real hard for a future alternative to mass production, the disintegration and violence "

Thursday, December 30, 2010 10:30
Via Iannello - Partinico

The Communist Party of the PRC and the Young Communist League / organized a ceremony to remember and Danilo Dolci in 13 years after his death in street Iannello Partinico, Holy Thorn in the district, where in 1962 in a modest home, Danilo Dolci began a hunger strike against poverty and misery in support of the bandits, that the dispossessed of Partinico, and the construction of the dam on River Jato .

For info: 3282622319 prcpartinico@libero.it (James)

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convened press conference asked D'Ascanio, a high school musical Montenero - Piazza clean "resurrected" the party of 'units


MONTENERO saddlebags. Mayor Nicola Travaglini back to hope that in the center bassomolisano landing an institution dedicated to high school music. How much chance of success is not known, but relies on the will of the Province of Campobasso . "At a meeting held in the capital last Friday," said in a statement released by the administration,

Read the article published on the newspaper's Molise




Montenero Bisaccia. After burying the hatchet, a clean sweep continues to reach out to the forces of the center. Where exactly is the line between provocation and goodness do not know, but it is known that the political movement born during the 2010 municipal eccentricity is a personal characteristic. And so, tomorrow night is even resurrected the Unity party, which in Montenero is no longer visible by 2005.

Read the article published on The Daily Molise

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cosmetic damage, no compensation if the scar has no impact on employment

Court of Cassation, sez. III, Judgement of 12 October 2010, No 21012


On the issue of damages to the person, the aftermath of an aesthetic self-treatment may receive a compensation, in the strict capital requirements, if not only cause a negative impact on employment already taken place, but also on a 'future activity, preclude or make it more difficult to achieve. This was stated by the Supreme Court Judgement No 21012, filed on 12 October.



Following a car accident, the victim sought compensation for the loss of aesthetics, independent of the method in relation to an injury micropermanente, however, denied by the Court hearing the case of a very small scar destined to become less visible with the passage of time. In

Cassation, the plaintiff argues that the trial court did not take into account the findings of the technical consultant, but merely to offer its own assessment with regard to the nonexistence of permanent sequelae of disabling nature, for he had only seen the scar, without considering the consequences resulting from the "blow of the whip. "

SC rejects the appeal: the Court had considered all the consequences resulting from the accident (functional limitation, and spine to the forehead scar), as assessed by the OTC as the permanent consequences of the extent of 5%, and considered that the damage Organic could be settled in an equitable basis, without resorting to tables provided for the permanent consequences more severe.

In particular, as repeatedly affirmed by the Court's legitimacy, in the presence of the permanent consequences of small claims ("micropermanenti") that do not translate into a proportional reduction in capacity in line of work, the damage to profits configurable only if there is evidence that suggests that, because of the aftermath, the subject actually derive less income from their work, since any further or other injury compensable under biological damage.

Finally, with regard to aesthetic damage, stoats insist that "in terms of damages to the person, the aftermath of an aesthetic (in this case, measured as total biological damage permanent 5%), as incidents in a negative way on their personal relationships, self-treatment may receive a compensation, in the strict capital requirements, when, while causing a so-called "micropermanente" on a strictly biological, possibly causing an adverse impact not only on previous occupation, but also on future activity, preclude or make it more difficult to achieve, in relation to age, sex of the victim and any other useful special circumstance. "

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Travaglini: efficient with snow emergency, attentive to the family and culture. The reply of the mayor Left and freedom and Christian Di Pietro


Montenero di Bisaccia. "The person, the family and in particular the children, are at the heart of the administration of this city council." So in a statement the mayor Nicola Travaglini greets monteneresi for Christmas and says its on the controversy created by Left and freedom.

Read the article published on the newspaper's Molise


Montenero di Bisaccia. "I intend to make public the fact that this administration has received praise from many fellow citizens who, despite the exceptional snowfall occurred last week, could quickly reach the nearby towns to get to work or carry on business. "

Read the article published The newspaper on the Molise

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Cristiano Di Pietro: snow and administration on tilt - Left and freedom resolved mutually Abcinema after our stress


Montenero di Bisaccia. "The City has demonstrated its inefficiency and inability . Were brought to light serious shortcomings on the part of many that had not even thought to fit the tire temperature to urban transport. " The City Council thinks that the minority Christian Di Pietro

Read the article published on The Daily Molise


Montenero di Bisaccia. Answered positively by the story of Abcinema, film festival devoted mainly to children in the program for the Christmas period. The news always comes by Marcello Di Stefano, a spokesman for the Left and freedom, which in an earlier note criticizing the work of the municipal administration. The same who, after his appeal was due to by the Mayor and Councillor Nicola Travaglini Pasqualino D'Ascenzo. In summary there will Abcinema and Di Stefano to tell how the dispute was settled favorably.

Read the article published on The Daily Molise

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sweep the leftists montenerese: let us the pleasure of disappearing


Montenero di Bisaccia. "No leftist candidate has to be the leader of the center montenerese. Certainly not the clean sweep sends word things, and after the flop (announced) of the primaries held to find the local leader of the center, does not discount the elite of local progress. "Saturday, December 4 leaders of the left

Read the article published on The Daily Molise

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wife and daughters are involved in traffic accident injured

Court of Cassation, sez. III, Judgement of 28 September 2010, No 20350

In case of traffic accident, in addition to the victim, should be considered as injured for the immediate family who have directly suffered a loss, balance sheet or not, the death of a spouse



This was stated by the Court of Cassation, which - with sentence no 20,350, filed Sept. 28, 2010 - accepted by the SC's action by his wife and daughters of victims of a traffic accident on damages.

In this regard, recall that the judges of legitimacy "in terms of compulsory insurance against civil liability arising from the use of motor vehicles and boats, in relation to an event prior to 1 May 1993 for the injured person, within the meaning of ' art. 21 of LN 990/1969, shall be construed not only the direct victim of the accident, but also the immediate family or having Because of that, so that the resulting damages need not be fulfilled under the ceiling for each person. The limit of compensation is instead separately for each injury, as used for each injured person, without the overall ceiling for each left (so-called catastrophic limit).

In the present case, the Board noted the limit of compensation is therefore not intended for one person injured, but separately for each of them, that for each damaged and consequently the catastrophe.

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traffic accident, damage for loss of chance, the burden of proof

Civil Cassation, sez. III, Case No. 20351 09/28/2010

If following a traffic accident, the victim complaints and requests the award of damages for loss of chance, or by loss of future earning capacity, to this end must provide proof of the existence of objective circumstances in inferred terms of certainty or high probability and not mere potentiality, the existence of an economically assessable damage.


Supreme Court

SECTION III CIVIL

Judgement of 7 July to 28 September 2010, No 20351

(President Varrone - Rapporteur D'Amico)

Conduct of case

GDP and ML, as legal representatives of minor children A. sued before the Court of Modena, AM, and the insurance company Phenix-Soleil spa, spa hours Gan Italy, for a declaration of the exclusive responsibility of the same defendant in respect of road accident in which the child had been hit by 'Car of the M..

It was the insurance company challenging the application of the DP and was declared default of AM that was then demand counterclaim.

The Court stated that the incident had occurred because the extent of the plaintiff and the defendant 70% at 30% and then ordered the Phenix Soleil to pay damages in favor of the plaintiff; partially upheld the counterclaim GDP and ML ordered to pay damages in favor of AM.

ADP appealed claiming that the responsibility for the accident which had been the victim were attributed exclusively to AM and the Phenix Soleil was ordered to pay him an additional $ L. 136,819,459. It constituted the

appealed, contending that the DP was declared solely responsible for the accident and required to return the sum of L. 21,363,000 accessories as well, paid by the insurance company running the decision at first instance and, in favor of the counterclaim of M., was sentenced to full compensation.

The Court of Appeal of Bologna confirmed the attribution of responsibility to the parties as determined by the Court, rejected new claim inadmissible because in the second degree of the appellant to obtain the award of pecuniary damage to permanent disability because it does not specifically request at first instance and excluded the 10% reduction by way of difference between physical life and working life; declared inadmissible the counterclaim M.; confirmed What the Court of First Instance's assessment of the incident and the exclusion of non-pecuniary damage.

appealed to the Supreme DP.

This Court recognized in him the moral and financial damage and referred the case to the Court of Appeal of Bologna.

DP summed up the process towards the Gan Italy SpA (formerly Phenix Soleil spa) and AM. It was only the insurance company.

District Court, saying in the court by the Supreme Court (Case No 3625/97) on the appeal brought by ADP against the ruling of 03.09.1990 No 349, the Court of Modena, Italy spa Gan ordered the Appellant to pay the half of the additional costs.

appealed to the Supreme Court ADP making two remedies. Reasons for Decision



With the two appeals, must be considered together attesane the intrinsic connection, the appellant respectively complaint: 1) "Failure, inadequate and contradictory reasoning on the point and decisive issue of damages for loss of capital ability to work and demonstrate the same in the case of serious mental and physical impairment reported by a child of compulsory school age, and thus pre-processed (Article 360, first paragraph n. 5 c.p.c.)»; 2) «Violazione e falsa applicazione dell’art. 32 Cost., 1223, 1226, 2043, 2056, 2727 e 2729 c.c. (art. 360 primo comma, n. 1 c.p.c.)».

Parte ricorrente critica l’impugnata sentenza sia perché ha negato la perdita della sua futura, specifica capacità di guadagno; sia perché ha fatto propria la c.t.u., ritenuta insoddisfacente; sia perché ha negato che lo stesso A. D. P. sia rimasto pregiudicato nelle sue chances future. Per altro verso critica la suddetta sentenza per aver violato il diritto alla tutela della salute della vittima e al risarcimento dei danni.

Entrambi i motivi sono infondati.

Ha infatti accertato l’impugnata sentenza, sulla Stock of the CTU, the victim began his work at the age of sixteen years who is currently eligible to work, holding a job applicant with a degree of specialization and good manual dexterity, which does not present results with disabilities in relation to its current capacity for work, which has suffered or will suffer a loss of future earning capacity specification.

Those findings relating to the merits of the decision shall not be fettered in the critical legal, there is a reasonable justification, albeit brief, but not immune from legal or logical flaws.

regard in particular to the alleged loss of opportunity it should be noted that because this loss was not recognized because it was proof of the existence of objective circumstances inferred in terms of certainty or high probability and not mere potentiality, the existence of an economically assessable damage ( Cass., 11.05.2010, No. 11353; Cass., 19.2.2009, n. 4052).

In conclusion, the application must be rejected as the peculiarities of the case and trial of the events lead to offsetting the costs of the process of appeal.

PQM


The Court rejects the appeal and order that the costs of the process di cassazione.

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tax notice sent by post : New Case

Commissione Tributaria Regionale Lombardia-Milano, sez. XXII, sentenza 15.04.2010

Nuovo stop da parte dei giudici tributari alle cartelle esattoriali spedite per posta e senza l’intermediazione di un agente notificatore.

Ciò è quanto emerge da alcune recenti sentenze della Commissione Tributaria Provinciale di Lecce e della Commissione Tributaria Regionale di Milano (Sent. CTP di Lecce n. 436/02/10 e Sent. CTR di Milano n. 61/22/10), secondo le quali risulta addirittura “inesistente” la notifica della cartella inviata a mezzo posta direttamente dai dipendenti di Equitalia e senza l’ausilio dei soggetti puntualmente identified by law (Article 26, paragraph 1, Presidential Decree No 602/73), namely:

Officers recovered,
Agents of the Police Station;
the Municipal Messi, after agreement between the City and Grantee;
others enabled by the dealer in the manner provided by law.
Furthermore, according to the judges of the Regional Tax Commission in Milan "The purpose of the notification of the procedural and not substantive in nature and is achieved only with the material and regular notification of the tax residence of the taxpayer or real ..."

It is considered, therefore, always essential to draw up the record of service by the agent notification, even when notified by mail.

Just on this, the Milan judges make it clear that "the record of service is envisaged as a key moment in the proceedings of service ... and the activity is not fully substitutable the postmaster, so that his lack ... can not be regarded as a mere irregularity. "

fact, still judges "Failure to complete the relata ... determines not merely the invalidity of the notification, but the absence of that legal, non-curable disease in an absolute sense."

The Commission also concludes rejecting the hypothesis of the Licensee to rectify the situation to achieve the purpose of the act (a little 'how to say, even if the folder has been illegally sent at the end everything is cured), as it clarifies that this does not apply to acts which are legally non-existent - as in this case - but for those up to zero.

In light of the above, therefore, appears essential for Equitalia respect of the following procedure to make the notification by mail folders:

A) Officer of the collection (or other persons referred to in Article 26. , paragraph 1, of Presidential Decree No. 602/73) received the folder from Equitalia and fill out the record of service, indicating l’ufficio postale da cui parte l’atto e apponendo la propria firma;

B) l’Agente postale consegna la cartella ai legittimi destinatari (ossia ai soggetti indicati dall’art. 26, comma 2, DPR n. 602/73).

A sostegno di tale procedura è intervenuta recentemente anche la sezione V° della Commissione Tributaria Regionale di Milano (sent. n. 141 del 17/12/2009), la quale ha sostenuto che “laddove la legge (riferendosi esplicitamente all’art. 26 del DPR n. 602/73) parla di NOTIFICAZIONE di un atto, anche a mezzo posta, la legge stessa intende riferirsi ad una trasmissione dell’atto effettuata non direttamente, MA TRAMITE L’INTERMEDIAZIONE DI UN SOGGETTO ALL’UOPO SPECIFICALLY AUTHORIZED, which takes a value essential to the finding of the case or not notificatoria, involving the simplicity of the record of service ... However, when the law has allowed for the transmission takes place by mail without going through an authorized person, has specifically spoke of mailing of the document, the author of that fact directly to the recipient, in which case there is no need to record of service, as expressly provided by art. 16, paragraph 3 of Legislative Decree no. No 546/92 and art. 14, Part of Law 890/1982.

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illegal water bills retroactive

scope of the Authority's ability to intervene on the rate in case of deviations from a financial and management (Article 8, second paragraph, DM 08/01/1996) requires timely in its investigation, but the exemption does not introduce the principle of non-retroactivity of the tax provision.
In fact, the resolution approving the tariff regime in the nature of general administrative measure and is intended to apply throughout the period of operation and until revoked by "contrarius actus."
Hence the applicability of the principle of non-retroactivity of rates for water service and the illegality of invoices that contain the adjustments for prior learning.
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No State 4301/08

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What is existential damage?

The

existential damage is caused by the forced withdrawal to the performance of non-profitable, a source of pleasure or well-being for the victim, but not caused by impaired physical and mental integrity.

The category of existential damage has been developed relatively recently by the case and finds no explicit regulatory response.

The existential damage differs from other types of damage, namely: the financial loss, since it is not determined by an economic loss of any kind, and the moral damage because the action taken by the responsible person can not integrate the details of a crime and because it is a pain but in a deprivation of an actual, not a facere and finally by the biological damage as the existential damage can also exist apart from the existence of an injury to the person as impaired 'psychological and physical integrity of the injured party (Cass. 7.6.2000, n.7713; Cass. 3.2.1999, n. 911).

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What are the main types of damage to be compensated?

classifications which apply to the compensable injury are many and varied. It
from first the distinction between material damage, ie, to things, and physical harm, that is, to the person.

are all damage caused to property owned of the injured in the accident, and should be compensated at their market price.

physical damage are those derived from the injury instead of the person, and can cause two distinct categories of damage : that of temporary disability, equal to the time of healing, and that from permanent disability, which coincides with the decrease physical capacity.

For each of these categories can then configure other types of damage, ie the biological, the economic damage and injury to feelings. The

biological damage is the damage the physical and emotional subject, medically ascertainable and recoverable regardless of income-generating capacity of the victim. This is a case that is totally independent of the capacity of the injured.
part of the biological damage covered all cases of damage is not income, that the cosmetic damage, damage to human relationships, which involves the sacrifice of the different manifestations of social life caused by harmful event and the damage to sexual and the general reduction of working capacity.

The financial damage caused by the injury is the sphere of the damaged assets. Such cases occur when the injury person as well as impair the physical and psychological integrity, ie finding a biological damage, and disrupting the mood, that is to cause material damage, also affects the ball capital of the injured person, causes economic damage. The

material damage is represented by the emotional suffering from the anxiety and heartache of mind resulting from the injury suffered. Such damage is detectable in cases of unjust disturbance of mood of the injured as a result of the offense.
In fact we have the right to moral damages if the injuries are the result of a tort of criminal law and accountability author's material is proven fact. The

punitive damages is, finally, what assurances are required to compensate for failing to work towards a definition of the dispute out of court, forcing the victim to act in legal proceedings leading to loss of time and money.

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CONTRACTS - CONSUMER PROTECTION CONTRACTS


Civil Cassation Chamber, Third Order No. 6802 March 20, 2010


contracts - consumer protection - TERRITORIAL JURISDICTION OF EXEMPTION - BURDEN OF PROFESSIONAL inculpatory

In terms of consumer protection, to exclude the applicability of the relevant legislation went down in Articles. 33 et seq. of Legislative Decree no. 206 of 2005 specifically invoked by the consumer to take root in the hole its own territorial jurisdiction, the trader must prove that the contractual exception to that forum (Article 33, paragraph 2, lett. U) was the subject of detailed negotiation, or must provide adequate proof to win the presumption of unfair nature of the clause itself.


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- CONSUMER - the unfair 'TERMS OF

: Cour de cassation SS.UU.
JUDGEMENT NO 6481 March 17, 2010

Ruling in a case concerning a contract for a professional course, the SC, and uniform interpretation of the general criterion of the typed case in art. 1469 bis cpc (in the formulation prior to the decree. No. 206 of 2005), considered abusive clause by which the consumer waives the right of withdrawal and shall assume the obligation to pay the full amount agreed upon, however, and also considered applicable to the third paragraph No Article 11 of the same clause by which the seller reserves the unilateral power to modify the conditions of the course.

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payable taxes and charges? No mortgage if the debt does not exceed € 8,000

Supreme Civil SS.UU., Case No. 4077 22.02.2010

With No Judgement 4077/2010 here under review, the Supreme Court states that the mortgage property as collateral to satisfy the creditor is likely prodromal to the promotion of running real estate and therefore subject to the same value limits set for the establishment of that procedure, ie € 8.000,00.

This interpretation is at odds with the view that creditors of the institution considered the inclusion legitimate under the literal interpretation of Articles 76 and 77 drp 602/73 foresees a limit on the establishment of real estate and not running for the registration of a mortgage.


The Court rejects this argument by saying that, just as it is allowed to act as a coercive means for the protection of property expropriation claims for amounts lower than € 8,000.00, the same way, it is legitimate to include mortgages on real property where the amount entered in the role of collection is lower than the same amount and this is because the mortgage note is functional and instrumental and credit protection to be realized, in fact, being confiscatory.


The Court shows, so at odds with perspectives of the issue offered by the lower courts (Court of Nola, sec. I, Judgement No 408 of 17.03.2008, Bologna Court Judgement No 1015/07 of 02 May 2007, the Court of Naples, sec. dist. Casoria, Case No 149/2006, the Court of Naples, sect. X, Case No. 12785/2006) that the mortgages would enjoy independence and self-appointed with respect to enforcement proceedings . as well as by the legislature that, in reforming Article 19 of Legislative Decree no. 546/1992, returning to the jurisdiction of the Boards of mortgage tax appeals under Article 77 of Presidential Decree 602/73, in addition to the firm of property mobile register referred to in Article 86, Presidential Decree 602/73, ruled out the executive nature of them.


Unlike the United Sections believe that the mortgage, as the weight imposed on well with the purpose of guaranteeing the lender, serves as his own in court execution, guaranteeing the creditor-called "writing" on a preferential basis to the satisfaction proceeds of the sale.

this functional link between mortgage and expropriation proceedings, therefore, to extend the mortgage authorizes the discipline required to perform, under a logical interpretation of that.


So what of the mortgage may be recorded for amounts less?

The Supreme Court said nothing about it, nor specify who and how much time should proceed with the cancellation, nor who should bear the costs of such operations or, even less, what are the effects of a foreclosure property in relation to an asset on which has been improperly registered mortgage.

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accidents caused by traffic accident. Right of employer work to compensation for disbursements made

Judgement No. 2844 February 9, 2010


The employer who has paid the employee during the period of non-performance of work for temporary disability due to injuries caused by a third party is entitled to be indemnified by it for disbursements made (including those related to the contribution due to enti di assicurazione sociale) ed il diritto al risarcimento di tale danno, ove l’infortunio sia avvenuto a seguito di sinistro stradale, si prescrive in due anni, ai sensi dell'art. 2947, comma secondo, cod. civ.

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The case Mediaset - Youtube: watch without inhibiting

La decisione del Tribunale affronta una delle questioni del diritto dell'internet oggi più dibattute ovvero quella relativa alla configurabilità di un obbligo di sorveglianza in capo all'intermediario della comunicazione nonchè quella connessa ai costi di tale eventuale sorveglianza.


Il Tribunale di Roma con il provvedimento dello scorso 11 febbraio ha confermato la decisione con la quale, il 23 dicembre scorso, nell'ambito di un procedimento cautelare in corso di lawsuit brought by RTI, had ordered Google to remove YouTube videos of all the Big Brother 10 published and, especially, not to allow the release of more video.

The ruling addresses one of the questions the right of the internet today that the most debated on the configurability of a monitoring obligation on the part of the communication to the intermediary and the associated costs of any such surveillance.

The Court of Rome, in fact-in 'order made in the complaint-recognizes that work is carried out on Youtube web hosting and, therefore, mediation communication to which we must apply the rules on electronic commerce as well as admits that this rule precludes brokers to charge for a general obligation to monitor communications.

For a time, however, the judges felt that inhibit the intermediary to publish, in future, similar content to those affected by the order of removal does not violate this principle.

This is a conclusion that is not convincing and that it is "elusive" in relation to the Community principle: do not order but is obliged to monitor, for the future, not post-or rather-be published in full awareness that this assumption has to prior surveillance.

No provision of Italian law, however, seems to justify an injunction scale large enough to embrace the publication of works identified only in general both at present and in the future.

The same Article. 156 of the Copyright Law, place RTI from the foundation of their demands, on the other hand, while recognizing the rights holder may also act against the broker-regardless, however, the responsibility of the latter- to obtain the injunction is a continuation of a certain policy, states that this provision should be qualified by the provisions of the Directive on electronic commerce and, therefore, among others, also with one that excludes any obligation of monitoring the intermediary.

A variety of reasons, On the other hand, the decisions of judges in intellectual property would end up-as indeed happened in this case-with having a general and abstract-similar in substance to that of the law-and to reiterate the simple content of a legal precept : the argument that it is forbidden to publish other people's content without permission of the copyright owner.

would be a bit like if-online-offiline or a judge could order a specific subject not ever violate the copyright of a certain owner.

It is, however, a matter which-just as the judges of the Court of Rome makes its decision, the Court was concerned Justice of the European Union.

The Court of Appeal of Brussels, in fact, in a ruling last January 28, asked the judges in Strasbourg to rule on the compatibility with the European rules on electronic commerce of a national standard that recognizes the power of the court order to an intermediary communication installing filters intended to prevent the exchange-by-its users through P2P platforms of material covered by copyright. The Belgian

Judgement was delivered in the now famous dispute arose back in 2004, which is between the corresponding SABAM-Belgian our SIAE-and Scarlett, an internet service provider. Although

with distinction in the case the two disputes have strong moments of contact, in both copyright holders have sought and obtained interim-stage-at least for an order directing the communication to intermediaries to inhibit the continuation of a pipeline put in place by its users in the present and the future.

Returning to Italy, however, at this point, you just have to watch what will be the determination of that Tribunal of Rome in relation to the ways in which Google will have to comply with the order of injunction. As was the case in Belgium in the dispute called Sabam c. Scarlet, in fact, that decision is probably more important than merit.

It is, in fact, to determine who should pay for the technology and resources necessary to inhibit the future publication by the users more content, what percentage of the fallibility of technology to be adopted is considered "excusable" and, more importantly, what are content that Google will inhibit the release on YouTube.

seems difficult to argue-although this is the position of either party-that the costs of preventing piracy of audio-visual platform or through the infrastructure of an intermediary can be placed pressure on the latter because it would be like believing that the weapons factories are required to install at its expense metal detector almost everywhere to prevent the risk that their products are used for unlawful purposes or, rather, that the company is required to ensure highways at their own expense, about the same use of highways for contraband or other illegal activities.

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Compensation with VAT even before the vehicle repair

Cass. Civ. January 27, 2010, No 1688

Damages extend to consequential and incidental expenses and also includes VAT even if the repair is not complete, because the garage owner has to charge by law, by way of compensation, to the customer.
The Supreme Court reiterated the well-established legal principle, in general, in ragione del quale il risarcimento del danno da fatto illecito ha la funzione di porre il patrimonio del danneggiato nello stesso stato in cui si sarebbe trovato senza l'evento lesivo e, quindi, trova presupposto e limite nell'effettiva perdita subita da quel patrimonio in conseguenza del fatto stesso, indipendenternente dagli esborsi materialmente effettuati.
Più in particolare ed in applicazione di questo stesso principio, è stato affermato che, poiché il risarcimento del danno si estende agli oneri accessori e conseguenziali, se esso è liquidato in base alle spese da affrontare per la riparazione del veicolo, il risarcimento comprende anche l'IVA pur se la riparazione non è ancora avvenuta -a meno che il danneggiato per l'attività svolta, abbia diritto al rimborso o alla detrazione dell'IVA versata- perchè l'autoriparatore per legge deve addebitarla, a titolo di rivalsa, al committente.
Con riferimento poi al cosiddetto danno da fermo tecnico subito dal proprietario dell'autovettura danneggiata a causa dell'impossibilità di utilizzarla durante il tempo necessario alla sua riparazione., è stato affermato che è possibile la liquidazione quantitativa di detto danno anche. in assenza di prova specifica in ordine al medesimo, rilevando a tal fine la sola circostanza che il danneggiato sia stato privato del veicolo per un certo tempo anche a prescindere dall'uso effettivo a cui esso era destinato. L'autoveicoio è, infatti, anche durante la sosta forzata, fonte di spesa (tassa di circolazione, premio di assicurazione) comunque sopportata dal proprietario, altresì soggetta a un naturale deprezzamento di valore del veicolo.