Government measures in key jurisdictions 2nd edition final pages - Flipbook - Page 59
Italy
5
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Property
Have any changes
been made to
the laws around
property, rent and
enforcement?
A tax credit equal to 60% of the rents due in March 2020 is granted to tenants of shops
and similar properties falling within the C/1 properties category. Such tax credit can be
used to offset future liabilities and cannot be claimed for refund.
The statute of limitations for natural persons willing to enjoy the “first home”
registration tax regime is suspended between 23 February and 31 December 2020.
Enforcement of the measures issued by the competent Courts for the release of
properties, including those for non-residential use, is suspended until 1 September
2020 while garnishments proceedings over “first home” properties are suspended
until 30 October 2020.
Litigation
During the period 9 March 2020 – 11 May 2020 the Italian Government provided for:
Are the courts
operating?
(i) automatic rescheduling of all civil Court hearings scheduled in the reference
period to a date after 11 May 2020 by operation of law,
(ii) stay of all procedural deadlines in all civil proceedings, and
(iii) stay of all procedural deadlines in mediation proceedings and in assisted
negotiation procedures (jointly, the “Urgent Measures”).
The Urgent Measures shall not apply, inter alia, to certain proceedings which, therefore,
shall not be rescheduled or stayed, among which:
(a) interim proceedings regarding fundamental human rights,
(b) proceedings for the suspension of the provisional enforceability of Court
judgments/orders, and
(c) any proceedings where delay could cause a serious detriment to the parties.
The urgent handling of proceedings under letter (c) above shall be decided by order of
the President of the Court or to the Judge in charge of the case.
Hearings in proceedings to be handled with urgency shall be held via videoconference
or in writing (e.g. through exchange of written briefs) only, with the sole exception of hearing
requiring the attendance of third parties other than parties’ representatives or counsel,
where in person hearing shall take place with the implementation of health safety measures
(e.g. use of PPEs) to ensure the protection of the individuals attending the hearing.
Starting from 12 May 2020 Courts have restarted the ordinary work. During the period
12 May 2020 – 31 July 2020, special provisions shall apply for the management and
rescheduling of hearings in order to ensure a smooth reorganization of the Courts
cases workload. All Court Presidents have already issued the relevant Court orders
implementing the organization measures that, in brief, provide for: the avoidance of a
bulk rescheduling of hearings if at all possible, a strict planning of hearings during the
days in order to ensure the orderly attendance to hearing rooms and the avoidance
of any overlap between hearings, the implementation of virtual hearings and written
hearings as much as possible, the need for all individuals attending hearings in person
to wear PPE.
Government measures in key jurisdictions
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