Government measures in key jurisdictions 3rd edition final - Flipbook - Page 75
Italy
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, April and May 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.
Further, with reference gyms, swimming pools and sports facilities lease agreements, the sport
activities suspension set forth during the emergency shall be assessed as factor of “unbalance”
between the interests under the agreement, so triggering the relevant remedies provided for
under the Italian Civil Code (such as fee reduction).
Litigation
Are the courts
operating?
During the period 9 March 2020 – 11 May 2020 the Italian Government provided for:
(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 “
”).
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.
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