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The Journal Septembre 2018

Directive on Copyright in the Digital Single Market

Tijana Milacic

The European Parliament has adopted a proposal of the Directive on Copyright in the Digital Single Market that, as it seems at least for now, deepened the gap between big internet companies and authors, journalists and other artists, due to the fact that intellectual creations so far have freely circulated in the internet.

The Directive stipulates that prior to the publication of content, the internet company would have to purchase licence from media publisher, collectively referred to as “link tax”, i.e. the Directive provides payment of internet service fees for each set of links to news published for the last 20 years.

The Commitment Clause

Gustavo Cuevas

In general, Commitment Clauses are contained in commercial contracts of certain economic relevance, but in a generic way we find it in international contracts, that is to say in those agreements in which the parties are domiciled in different States and, therefore, subject to different legislations.

The fact of being subject to different legislations, plus the complexity inherent to the contract, makes it recommendable that any controversy in this regard be known by an arbitrator judge appointed by the parties or by a special procedure contained in the aforementioned clause.

Perhaps one of the reasons why Ronaldo moved to Italy … Italian “Flat Tax” for New Residents of max 100.000€ yearly

Maurizio Bottoni

Italy is a wonderful country, not only for Italians, but also for millions of tourists from all over the world, who are joining Italy every year. 

In the last years, Italy has become interesting also for tax purposes. Some retired people decide to move to Italy to spend the last years also because our inheritance tax legislation is appreciable and others take advantage of some special tax legislation provided for resident workers who move from abroad. Perhaps also Ronaldo has just decided to move in Italy, after the well-known problems with the Spanish tax authorities, to take advantage of the special flat tax regime 

Admission and Residence Conditions for Foreigners In France

Vincent Gautier

France has set up a legislation framework for international mobility. These rules apply to all foreigners, except EU, EEA and Swiss nationals. These latter are free to travel and work in France without a visa, residence permit or work permit.

On the contrary non-EU citizens wishing to enter the French territory need a visa. For a stay of more than 3 months, they must also hold a residence permit. Unless visitors are exempted due to their nationality, business and personal visits require a visa.The category of the required visa depends on the duration of the residence.

A Fairer Deal for Leaseholders of Houses and Flats

Mark Chick

Following on from the outcomes of the Government’s Consultation on ‘Tackling Unfair Practices in the Leasehold Market’ the Law Commission was charged with the responsibility of reporting back before the summer recess of Parliament on their proposed solutions to the issue of ‘leasehold houses.’

The Government’s requirement was that the Law Commission sought to improve the lot of leaseholders affected by the “ground rent scandal” as a matter of some urgency and they were asked to deal specifically with the problems arising from leasehold houses on escalating ground rents.

The Limits of CVM’s Investigative and Punitive Authority

Rodrigo Monteiro de Castro

The judgment on Administrative Sanctioning Proceeding (PAS) RJ2013/2759 held last February 20, 2018 has set a landmark precedent concerning the extent of the investigative and punitive authority bestowed on the Brazilian Securities Commission (CVM).

Among other issues, PAS RJ2013/2759 probed into the liability imputable to the chair of a presiding board of annual general meeting for a purported violation of the rules set out in the Brazilian Corporation Act (Law 6,404 of 1976) by accepting the votes of a shareholder prevented from taking part in meeting resolutions.

In Italy as from 01 January 2019 Electronic Invoices Only

Federico Rossi

With effect from January 1, 2019, only electronic invoice swill be admitted in Italy to justify commercial transactions between residents parties.

The Budget Law 2018 established that, starting from 1 January 2019, for the sale of goods and services rendered between residents, established or identified in Italy (and for the relative variations), only e-invoices are issued.