Solopaca: the Tar upholds lawyer Marotta’s appeal and annuls the tender awarded by the municipality

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7 Febbraio 2023

In this lengthy interview, lawyer Pasquale Marotta – specialised in Administrative Law and Local Authorities Law, an expert on public employment, public competitions, schools, universities, health law, town planning, public contracts, expropriations, elections, and the accounting liability of public officials and administrators – talks to us about the judgment of the Campania Regional Administrative Court (TAR) no. 7202 issued following the appeal he lodged on behalf of the company SISTRI S.r.l.

by Roberta Imbimbo

Lawyer Marotta, can you tell us about the latest revolutionary ruling of the Campania TAR?

The Tar Campania – Naples, with judgment no. 7202, published on 21/11/2022, upheld the appeal lodged by my firm, on behalf of the company SISTRI s.r.l., and to that effect, annulled the tender minutes and the awarding decision of the Head of the Public Works Sector, ordering the repetition of the tender called by the Municipality of Solopaca. In a nutshell, the Municipality of Solopaca had published the call for tenders for the awarding of the contract for the ‘Hydrogeological restoration and functional recovery of the slopes, impluvi and crossings insisting on the northern side of the municipal territory – S. Aniello locality, for a total value of Euro 750,000.00. The entire procedure was conducted electronically on the Consip platform, ‘Mercato Elettronico (MEPA)’ tool. However, during the uploading phase of the documentation required to participate in the tender, the telematic platform suffered a system blockage at around 14:45/50 until 17:57, thus not allowing the company Sistri to upload the documentation related to the economic offer. Despite the various notifications submitted to the municipality by the company Sistri s.r.l. in the period between 2.45 pm and 6.00 pm, the deadline for submitting the economic offer, the contracting station (Solopaca municipality) nevertheless proceeded to award the contract to the company Sannio Appalti s.r.l.. And so the company Sistri s.r.l., through my patronage, challenged before the Campania Regional Administrative Court the decision by which the Head of the Public Works Sector of the Municipality of Solopaca approved the acts of the procedure and awarded the contract to Sannio Appalti s.r.l., raising a series of unlawfulness profiles of the procedure, including the blockage that occurred during the phase of submission of the economic offer.

In light of the defence arguments you put forward, what did the Campania Regional Administrative Court decide?

In a precautionary order of 6.10.2022, it invited Consip to provide a detailed report on the actual presence of the malfunction in the uploading of the bids on the tender portal. The report was not long in arriving and from the preliminary investigation carried out by Consip it clearly emerged that there was a generalised malfunction – concerning the uploading of files to be attached to participation in the tender – linked to infrastructural problems on the e-Procurement system, which was resolved only at 5.57 p.m. of the same day, and precisely, three minutes before the time for submitting tenders expired. In view of this, it cannot be disregarded that this event deprived the company of the opportunity to participate in the tender, without any error or negligence being attributable to the company itself, which, at 5:50 p.m. on 1/8/2022, reported the problems in uploading the files and then requested that the deadline for submitting the bids be extended (note dated 3/8/2022). On the basis of these considerations, the Naples Regional Administrative Court, in ruling no. 7202/2022, noted the system malfunction that did not allow the procedure to run smoothly, and ordered the annulment of the call for tenders and its re-issue.

Dynamicom Education, the Milan-based company shines on the market for experience and innovation

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Imbimbo

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31 Gennaio 2023

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Professionalism, experience and innovation: these are the hallmarks of Dynamicom Education, a company highly specialised in medical-scientific training, which has managed to assert its leadership in a highly competitive market (in Italy alone there are over a thousand providers) thanks to a strategic vision and a truly innovative business approach. Giorgio Maggiani, President and CEO of this all-Italian excellence, reveals the secret of its success…

by Roberta Imbimbo

Dr. Maggiani, with what mission was Dynamicon Education born? Tell us your story.

Born out of a happy intuition of mine in November 2001 – the year in which the law on Continuing Medical Education (CME) was approved – Dynamicon Education did not actually become operational until 2004, when I reluctantly left the pharmaceutical company I had been working for some time, the Società Prodotti Antibiotici, to devote myself completely to this new entrepreneurial project. Thanks to a strategic vision and an innovative business approach, the company was able to assert its leadership in the medical-scientific training sector and grow significantly in terms of both turnover and the number of courses organised, around 800 per year, quickly becoming an important reference point for numerous prestigious scientific societies. Dynamicon Education is now an accredited provider for all the areas envisaged by the national ECM Programme: distance learning (Fad), residential (Res) and field training (Fsc), and for all the Professions envisaged in that Programme (Surgeons, Pharmacists, Nurses, Health Technicians, and in general all figures in the health sector).

Which areas of specialisation are you most active in?

Dynamicon Education was born with a strong specialisation in the musculo-skeletal field (an almost obligatory choice for someone who, like me, had gained more than twenty years’ experience in five different pharmaceutical companies, all involved in the production of drugs intended for the treatment of pathologies in this particular therapeutic area). It was no coincidence that Dr. Ferdinando Priano, then President of the Italian Society of Arthroscopy, and Dr. Gerolamo Bianchi, who instead headed the College of Italian Rheumatologists, decided to entrust us with the organisation of the congresses of their respective scientific societies. This was the cornerstone for a young society that was timidly entering the market. Over time, however, Dynamicom Education has strategically broadened its core business to other therapeutic areas (a decision shared with my partner Massimo Padula, a long-standing entrepreneur), such as pneumology and allergology, and since 2013 cardiology and diabetology, taking care of the secretariat of the National Association of Outpatient Cardiologists (Ance). This commitment was strengthened with the arrival of Gianluca Soldà (at first commercial director, then member from 2021) and then of the Italian Society of Accredited Hospital Cardiology (Sicoa). This strategy of diversification into hitherto unexplored market segments has enabled us to significantly enlarge our customer base and increase the attractiveness and credibility of our brand.

What kind of market is it in which you operate? What peculiarities distinguish you from your competitors?

Despite being a highly competitive market, Dynamicon Education has managed to enhance its corporate reputation and clearly differentiate itself from other players by working with commitment and dedication day after day. And so, for more than 20 years, it has been one of the most experienced interlocutors in the medical-scientific world, thanks to its ability to offer a highly professional and qualified service (for which it avails itself of the valuable collaboration of an internal Scientific Committee and internationally renowned consultants for all medical-scientific fields of interest), and its strong vocation for technological innovation. These peculiarities have enabled it to cope with the harsh backlash generated by the crisis in the sector. An unprecedented crisis, clearly attributable to Covid, which in 2020 exposed the companies in the industry to a very difficult test. A challenge that Dynamicon Education managed to overcome by evolving its skills and converting previously scheduled congresses to digital. In all its drama, the pandemic has in fact forced all market players to reflect on their vision of the future, to accelerate the digital transformation and to renew the stage and set of events, which have become virtual thanks to cutting-edge technologies capable of driving business operations forward and sustaining sharply declining turnovers. Dynamicon Education was one of the first companies in the sector to embrace the digital turnaround, positively contaminating the entire industry. Thanks to strategic partnerships (e.g. the one with One Coffee srl, which showed us the different technological platforms available, and the one with Nume Plus srl, which quickly built a virtual congress hall for us), our company was thus able to proactively anticipate the new needs of a rapidly evolving market, thus brilliantly overcoming the critical phase of the pandemic, the one that brought with it the total blockade of congress events. And today, more than three years after the outbreak of the pandemic, we are facing a new frontier of events: digital is no longer just a contingent and transitory mode, used due to the impossibility of holding events in person, but an effective and integrative communication tool in 30% of cases consciously chosen by scientific societies for the numerous advantages it offers. January 2023: long-standing partner Massimo Padula relinquishes his shareholding to Gianluca Soldà, and my daughter Martina Maggiani joins the board. Despite the important milestones achieved so far, Dynamicom Education aims to grow further in the reference market (also with the addition of new professional figures in the company) while always having at heart customer satisfaction, which has always been our priority objective!

For further information (https://dynamicomeducation.it)

Studio Censi Salvatori & Partners highly qualified in Family Buy Out (FBO) and Facilitated Finance transactions

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Imbimbo

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31 Gennaio 2023

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The industrial structure of our country has a significant number of family-run businesses, which account for 95% of the overall total and generate about 80% of the Gross Domestic Product. Of these, however, only 5-15% survive to the third generation due to the not always optimal management of generational change. “Today, thanks to the Family Buy Out (FBO), one or more family members can acquire the shares/shares of relatives who intend to leave the corporate structure, monetising their investment,” say Andrea Censi and Marco Salvatori of Studio Censi Salvatori & Partners, highly qualified in corporate, business, tax and labour matters, as well as in Ordinary and Facilitated Finance at national and EU level.

by Roberta Imbimbo

Andrea Censi, founding partner of the firm, what is Family Buy Out?

During the life cycle of a family business, it may happen that one or more members of the family decide to take it over, either due to the lack of interest in the business project by the other members, or due to the possible generational change. The problem that may arise in this case is how to plan the succession in the business and how to find the financial resources needed to liquidate the shares of family members who do not intend to continue the business. A financial instrument that can solve this problem is the so-called Family Buy Out, a declination, in the family sphere, of the Leveraged Buy Out, a technique based on the use of debt for the acquisition of a business and widely used in Anglo-Saxon economies. In a nutshell, this operation allows shareholders interested in the continuation of the business, to purchase the shares of family members who are not interested, resorting to external intermediaries to obtain the funds necessary for the aforementioned purchase, without using their own money but the company’s cash flow.

How?

The family members wishing to continue the activity in the family business (target), set up a company (so-called NewCo), by contributing their shares in the target company or, alternatively, by contributing their own capital. Subsequently, the NewCo asks for financing from third parties (credit institutions/other financial institutions/private equity funds), such as to allow the acquisition of a total or controlling interest in the target company, thus liquidating the family members not interested in continuing the business. The transaction ends with the merger between the New Co and the target company so that the debt goes to the target. The merged company repays the loan received and the associated interest with the cash flows generated by the business.

What advantages does this financial technique offer?

To reduce business income (and thus business taxation) due to the effect of the interest on the FBO debt and, no less importantly, to retain ownership and management of the business within the family unit. Lastly, it allows the transaction to be planned in the hands of the natural person shareholders, as it allows them to minimise the tax impact on any capital gains realised by using franking on shares held by natural persons. In this context, it is very important to turn to a team of experienced professionals who have the necessary skills to manage the complexity of the operation.

Marco Salvatori, founding partner, your firm is also highly qualified in Facilitated Finance. What does this involve?

We have been accompanying companies for more than 30 years in the area of ‘Facilitated Finance’, meaning by this expression the set of financial instruments used by the legislator to foster the competitiveness and development of companies, but also to support the creation of new businesses. It is therefore a key element of national industrial policy, representing one of the most important stimuli for the entrepreneurial ecosystem. These financial measures – which are undertaken at EU, national, regional or even local level – can be of various types: non-repayable grants to be understood as monetary disbursements that are not subject to an obligation of repayment; tax credits, again in the form of non-repayable grants, which make it possible to offset tax and social security debts; subsidised or zero-interest loans where reference is made to a form of loan with a variable duration and an interest rate that is far below market rates; guarantee account interventions, understood as the granting of guarantees generally for public financing.

With regard to this specific area of expertise, what are the distinctive features of your consultancy approach?

The firm’s activity aims to respond to the concrete need for consultancy on business incentives by analysing, in relation to individual business needs, the possible forms of facilitation aimed at the creation of new companies or their growth, investment support, research and technological innovation, digitisation of the production process or commercial penetration of foreign markets. In addition, following the introduction of the ‘National Recovery and Resilience Plan’ (PNRR) – a strategic document that defines the investment and reform programme that the Italian Government has drawn up to tackle the crisis caused by the Covid19 pandemic and support the relaunch of the country’s economy – the Firm assists public bodies in providing information, guidance and assistance on non-repayable financing opportunities reserved for them. In this context, contributions dedicated to investments in the green deal, circular economy, digital platforms, cybersecurity, etc. take on particular relevance. The firm assists its clients at 360 degrees, at all stages of the process of access to public funds through constant monitoring of the facilitation rules and calls for tenders; analysis of the characteristics of the companies and feasibility studies for the purpose of verifying the main requirements for access to facilities assistance in the formalisation of the investment plan and economic-financial prospectuses; the definition and preparation of the technical and administrative documentation required to obtain subsidies; the preparation of the project, forms and application for subsidies; support during the preliminary investigation phase; interim and final project reporting. Thanks to the experience and professionalism gained over many years of activity, it is therefore able to maximise custumer satisfaction with high-profile consultancy.

For further information www.censisalvatori.it.

Corruption Perception Index 2021: ISO 37001 Certification pays off

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17 Gennaio 2023

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In one year, Italy has climbed ten places in Transparency International’s rankings: according to the data of the Corruption Perception Index 2021, our country is in 42nd place out of a ranking of 180 countries. The previous year it occupied 52nd place. “This improvement is undoubtedly due to the growing attention devoted to the problem of corruption in the last decade and is also the result of the work carried out by numerous private sector organisations in promoting the values of transparency, anti-corruption and integrity, voluntarily choosing to be certified ISO 37001 ‘Management System for the Prevention of Corruption'” says Manolo Valori, Technical Director of CVI Italia, the Italian branch of the Slovakian group CVI SRO, one of the most important realities in the field of voluntary certification with international accreditation, in this long interview.

by Roberta Imbimbo

Dr. Valori, what is the Corruption Perception Index?

The Corruption Perception Index (CPI) is a statistical indicator published annually by Transparency International. The index, which ranges from 0 (for most corrupt countries) to 100 (for least corrupt countries), is based on 13 surveys of industry experts and business representatives conducted by various institutions (e.g. the World Bank) and aims to measure the degree of perceived corruption. The survey methodology obviously changes every year in order to provide an increasingly reliable cross-section of local realities.

What does the latest published report highlight?

Transparency International recently published the report containing the 2021 results, which show that Italy (which scored 56 out of 100) is continuing on its path of improvement in terms of perceived corruption, although the gap with the most virtuous countries is still wide. Our country has gained a good 10 positions compared to the 2020 ranking, settling in 42nd place out of 180 countries in the world (17th place out of the 27 EU countries) and a good 14 positions since 2012, the year in which Law 190 on preventing and repressing corruption in public administration came into force. Nevertheless, there are still some knots to be unravelled on the anti-corruption and transparency front: the delay in the transposition of European Directive 2019/1937 on the subject of whistleblowing, the deadline for which expired in December 2021 and which would make it possible to complete the discipline contained in Law 179/2017; the publication of the register of beneficial owners (trusts) and the legislative process for the regulation of lobbying.

The progress made in recent years is also the result of the work done by numerous private sector organisations in promoting the values of transparency, anti-corruption and integrity. In recent years, in fact, there has been an increasing spread of ISO 37001 certified Organisations ‘Management System for the Prevention of Corruption’, a sign of responsibility and sensitivity to the issue on the part of Italian companies. Can you tell us about it?

The improvement recorded can certainly also be attributed to the adoption by private sector organisations of the ISO 37001:2016 Management System for the Prevention of Corruption. This standard (called the Anti-bribery Management System) was structured with the specific intention of helping Organisations to combat different forms of corruption and to promote an ethical business culture. For the organisation, whether private or public, having established an anti-bribery management system is in fact already a first effective way to reduce the risk of corruption and, consequently, the exposure to liability in terms of the application of the sanctions provided for by Legislative Decree 231/2001.

Specifically, what advantages does this certification offer?

Certification according to ISO 37001 allows public and private entities that have decided to implement an organisational system aimed at preventing and combating corruption, to obtain verification and validation by an independent and internationally recognised body, providing evidence of their ethical choice. The advantages are therefore manifold. The possibility of claiming, in the event of an offence, that one’s organisation has inspired its business model to prevent offences on the basis of an internationally recognised ‘Best Practice’ standard. In this way, directors will be able to prove that they have adopted an organisational model for the prevention of corruption, and will also be able to benefit from a mitigating effect of the sanctions provided for in Legislative Decree 231/2001. On the subject of public procurement, ISO 37001 certification will facilitate the acquisition of the Legality Rating by the Competition and Market Authority. It will also facilitate the acquisition of the Company Rating by the National Anticorruption Authority. With regard to the competitiveness of Organisations, ISO 37001 Certification will increasingly become a distinctive element not only of an ‘ethical’ type, but also of a ‘substantial’ type (compliance with the ISO 37001 standard will, for example, become a necessary requirement to participate in public tenders). In short, this is a very important certification that certainly contributes to the spread of a culture of legality, brings benefits in terms of asset protection, competitiveness and legality rating.

This certification is therefore a real opportunity for companies (to be pursued freely and voluntarily) to operate under the banner of legality and transparency. Why is it essential in this sector to turn to experienced professionals to obtain certification?

Because it is important to map all business processes, to verify that a given company’s operations actually comply with mandatory anti-corruption regulations, which are an integral part of that social, environmental and governance sustainability – commonly known as ESG – that is becoming an imperative for a growing number of companies, worldwide and in Italy. In this operating context, in which it is essential to prevent, detect and resolve any corrupt actions carried out by employees, representatives or directors of companies, CVI Italia is a very important point of reference, being able to appropriately support companies in operating under the banner of legality and transparency, also favouring the adoption of appropriate governance and control measures.

Synesthesia, the digital experience company from Turin shines on the market for professionalism and innovation

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Imbimbo

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10 Gennaio 2023

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Founded in 2011 in Turin, Italy, Synesthesia is a digital experience company that supports its clients (mostly medium and large-sized enterprises) at every stage of digital growth. Thanks to a highly qualified and motivated team, which is its most important resource, it is able to develop and market high-quality solutions (marketing, web, mobile, AI and IoT), absolutely not standardised but tailor-made according to individual needs. Thanks to a strategic vision and an innovative business approach – aimed at combining economic growth objectives with social and environmental activities – this all-Italian excellence has succeeded in asserting its leadership in its target market, clearly distinguishing itself from other market players. Having recently become a Benefit Company, Synesthesia’s priority objective is not only to maximise profit, but also to generate a positive impact on the territory in which it operates, as President and founder Francesco Ronchi and CEO Riccardo Recalchi state in this interview.
by Roberta Imbimbo

Francesco Ronchi with what mission was Synesthesia born? How is the company structured today?
Several souls coexist in Synesthesia, all closely intertwined. The core business, i.e. the production of software and digital apps for both the national and international market, is carried out by a digital factory that has been its beating heart for over ten years. It is in fact the place where our experts, who boast significant expertise in the world of technologies applied to communication and services, give life to ideas and projects, covering all areas of digital transformation in order to proactively anticipate the trends of a constantly evolving market. The Digital Marketing division, on the other hand, deals with the online promotion of our clients’ products/services through websites, social channels and advertising, in order to increase their visibility in the target market. Finally, our strong propensity for innovation has prompted us to extend the company’s core business to other strategic activities, creating an Academy and overseeing the organisation over the years of international events such as droidcon Italy (the first edition 9 years ago was a winning bet for us), Swift Heroes, and Flutter Heroes. Thanks to our in-house Academy, we also help companies improve their skills in technology (to make them more efficient and leaner) by offering advanced training courses for their professionals.

Riccardo Recalchi, Synesthesia pays a lot of attention to social issues, gender equality and environmental sustainability. Can you tell us about it?
Synesthesia has always been very active in the social sphere as well: it is no coincidence that in 2018 it set up SYX (Share Your Experience), a non-profit association created with the aim of spreading the conscious use of new technologies to particular audiences, such as the younger generations. During the lockdown due to Covid, it started the TuttiConnessi project, with the aim of realising a solidarity collection of digital IT tools for students in need. For years, we have also been working for gender inclusion in STEM fields by organising Girls Tech. We are committed to a virtuous corporate culture aimed at enhancing and incentivising the performance of women in the digital world (33% of our workforce, out of over 80 employees, are women) and will soon receive UNI/PdR 125:2022 (Equal Opportunities) certification. Last but not least, let’s not forget our Futurmakers technology school, completely dedicated to the world of the youngest, still in school age, from 7 to 17.
This year, Synesthesia also received its first sustainability award, the Sustainability Scorecard, a very important document produced by Ecovadis that attests to the company’s sensitivity to environmental, social and governance issues. Its strongly digital footprint and dedication to environmental sustainability was strengthened in 2021 when it was included in the list of Most Innovative SMEs and, from January 2022, became a Benefit Company: an obligatory step that attests to our long-standing commitment to non-profit, third sector and local and international policies related to the environment and sustainable development.

For further information: https://synesthesia.it

Engineering 4.0

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Imbimbo

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3 Gennaio 2023

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Founded in 2004 by engineer Antonio Lombardi, Bono S.r.l. is a dynamic and innovative engineering company that has succeeded in establishing its leadership throughout Italy thanks to its ability to coordinate and manage complex projects and its high-level integrated and multidisciplinary design skills. Its areas of intervention also include the redevelopment of entire abandoned or degraded historic Italian villages that can finally be given a new lease of life, as the founder of this all-Italian excellence that is now aiming to conquer foreign markets as well, states in this lengthy interview.

by Roberta Imbimbo
Mr Lombardi, with what mission was Bono S.r.l. born?

Bono S.r.l. was established in 2004 with the aim of becoming an important reference point in the field of integrated and multidisciplinary design in the public and private sectors. Thanks to an innovative vision, which over time has proved to be rewarding, the company experienced exponential growth in its first years of life, coming to manage an important part of the redevelopment of Italy’s private real estate assets. In 2010, following the entry of a new partner in the corporate structure – a professional with strong know-how in the field of energy – the company expanded its core business to other strategic activities, successfully entering a hitherto unexplored market segment, namely the design and construction of renewable energy production plants, intended for both the private and public markets (to make PA facilities more efficient). This diversification strategy, carried out without ever neglecting the original core business, has allowed it to gain a competitive advantage over other competitors and consequently to maintain a constant and growing volume of work over time in all the market segments served.
More specifically, what peculiarities distinguish you from your competitors?
The company and its management have always distinguished themselves by identifying areas of intervention that are innovative and/or in any case ahead of competitor companies. This is due to the multidisciplinary skills it has always been able to draw on and which allow it to delineate the reference context for its activities in all its aspects and implications and needs (cultural, social, economic, ‘comfort’ ). Despite being a highly competitive market, dominated by a few well-structured players, Bono has been able to consolidate its position and increase its customer base year after year, on the strength of more than 20 years’ experience in such a complex sector and a team of 30 highly qualified and motivated professionals (human capital is very important to us and we therefore invest heavily in our human resources). Its real added value lies in its ability to provide turnkey solutions, taking care of every stage of the work, from the technical-economic feasibility study to the final, executive and construction design, including activities such as works management, safety coordination, consulting in the technical management of the job order, and testing of the works. In short, Bono is a qualified and reliable partner capable of managing the entire process leading to the realisation of even complex works in both the public and private sectors.

How important is the topic of environmental sustainability to you?
Very much! We have always made corporate social, environmental and economic responsibility our main ethical value. Thanks to our decision to harmonise economic growth objectives with social and environmental policies – thus combining innovation, productivity, competitiveness and respect for the environment – over the years we have managed to become an important reference point for the entire sector, which can make a big difference globally by creating increasingly energy-efficient infrastructures. In every project we design and build, we therefore place great emphasis on both environmental sustainability and decarbonisation for the most sustainable and efficient redevelopment of territories.
In the last year and a half, you have paid great attention to the theme of redevelopment of historic Italian villages. Can you tell us about it?
Since the beginning of 2021, we have focused a great deal on the redevelopment of Italy’s historic villages, which represent an invaluable resource and enormous investment potential. Our challenge today is therefore to redevelop, regenerate and revalue as many desolate, run-down or abandoned villages in Italy as possible, to make urban spaces more beautiful and liveable without further land consumption, and consequently to stimulate the productive fabric of degraded territories, to which we can give new life, new goals, both economic and social. Thanks to the interest of institutions in such ambitious projects, in all these years we have managed to regenerate villages of a certain importance throughout the country. For example, the Borgo di Cantagallo in Tuscany, which was practically destroyed over time. At the end of the works – which will presumably end next year – it will become one of the first hospices in Italy and Europe dedicated to the care of people’s bodies and spirits. Another important project in which we are involved at the forefront is the regeneration of an abandoned historical village in the province of Salerno; thanks also to the collaboration of prestigious partners, we have invested significant resources in the redevelopment of the local building and infrastructure heritage, so as to make it more attractive to the entire community, which is the first recipient of the renovated places. Today, thanks to the 2019-2024 Green New Deal Fund, Italy has about EUR 4.6 billion at its disposal “to implement economically sustainable projects aimed at decarbonising the economy, the circular economy, urban regeneration, sustainable tourism, and investment programmes and projects of an innovative and highly environmentally sustainable nature”. The possibilities for intervention are therefore many and it is our priority objective to always be at the forefront of these new and exciting challenges, always having at heart the environmental and social innovation of the territories.

For more info (https://www.bonoingegneria.it)

The latest news in tax law

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3 Gennaio 2023

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Law no. 130 of 31 August 2022, in force since 16 September 2022, has initiated the reform of tax justice and the tax process with the aim of improving the quality of tax rulings and reducing litigation in the Court of Cassation, bearing in mind that an efficient tax justice system can only be a driving force for the economy of our country. The latest news on the subject is explained to us by Angelo Stefanori, lawyer and owner of the tax law firm of the same name in Rome.

by Roberta Imbimbo

Lawyer Stefanori, what are the main novelties affecting tax law?
Tax law governs everything we do, from the purchases we make every day, with their different VAT rates, to the various regimes applicable to entrepreneurial activity or self-employment. Issues concerning employment are then addressed in the press on an almost daily basis. On all these issues, the change of governmental structure inevitably leads to new features, introduced by rules that then require often very articulate application instructions, which are the daily bread of both tax lawyers and lawyers.
Has the NRP also brought about novelties in the tax sector?
Yes, it has led – at last – to the reform of tax justice, with Law No. 130 of 31 August 2022: it finally provides for judges employed full-time, for whom the expression ‘fifth judiciary’ has been coined in addition to the civil, criminal, administrative and accounting judiciary. The strengthening of tax mediation and the introduction of testimonial evidence are major innovations that will impose a new way of working also on lawyers, who will have more incisive tools to prove their clients’ actual ability to pay.

What does this mean in concrete terms?
The new regulatory framework allows the Judge a deeper analysis of the dispute: this requires a greater awareness on the part of both the taxpayer and the professional, who must promptly identify the most suitable procedural solutions, based on robust documentary and/or testimonial allegations, as happens in most other processes. To this must be added the need to verify the definitional institutes recently introduced in order to settle disputes introduced many years ago and still pending, especially in the Court of Cassation, as well as the verification of the possibility of taking advantage of the ‘rottamazioni’ of the payment demands notified at the time.
Will the legislator’s interventions in the tax field continue?
This is one of the few certainties that a tax lawyer can have: there have always been and certainly will not be in the future. In fact, there is a need to get to grips with substantive tax legislation, especially with a view to simplification as well as the reduction of rates. Add to this the ever-increasing desire of the legislator to keep up with the times, to ‘intercept’ all the new economic phenomena, as demonstrated by the recent intervention on cryptocurrencies.

Ovarian rejuvenation as a solution for cases of infertility due to reduced ovarian reserve

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Imbimbo

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31 Dicembre 2022

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The increase in the number of cases of infertility due to reduced ovarian reserve has stimulated experts in Reproductive Medicine to investigate new techniques and approaches to deal with these problems. Ovarian rejuvenation is now an experimental therapeutic alternative for women who have difficulty conceiving due to early menopause, advanced age and low ovarian reserve. Talking to us about the latest frontiers in the field is Dr. Daniela Galliano, gynaecologist and expert in Reproductive Medicine, director of the IVI centre in Rome, an excellence on the national and international health scene which, since 1990 (the year of its foundation) to date, has contributed to the birth of more than 250,000 children thanks to the constant innovation and implementation of the most innovative assisted reproduction treatments.

by Roberta Imbimbo

Dr Galliano, what does ovarian rejuvenation consist of and how does it work?

Ovarian rejuvenation is a therapeutic alternative for women who have a reduced ovarian reserve and therefore have decreased fertility due to age, to try to achieve pregnancy with their own oocytes as part of a Medically Assisted Reproduction pathway. Ovarian rejuvenation encompasses all techniques that aim to reactivate stem cells and dormant follicles in the ovary, and consists of restoring ovarian function by injecting plasma enriched with growth factors into each ovary, based on the principle of Regenerative Medicine whose aim is to restore the ‘biological environment’, imitating and accelerating the body’s own regeneration processes.

Is a targeted therapeutic strategy possible in cases of infertility?

Ovarian rejuvenation is an experimental and innovative therapeutic strategy used in cases where the couple’s difficulties in conceiving are caused by low ovarian reserve due to age or surgery required, e.g. to treat endometriosis. It is therefore proposed as an alternative to increase the chances of success of treatment with the woman’s own ova. Although research in this field is still recent, we nevertheless think that this treatment is particularly safe and effective; of course, it will be the practitioner who will propose a highly personalised treatment pathway based on the clinical picture of the individual patient.

Asian pregnant woman holding ultrasound scan image, Expectation of a child and Maternity prenatal care and woman pregnancy concept.

What is your treatment approach in this regard?

The procedure we currently propose at our IVI clinic in Rome – IVI Regenerate Ovary – essentially consists of injecting plasma rich in growth factors (PRP) into the woman’s ovary. The procedure involves taking a blood sample, which will then be processed and subjected to an activation process to provoke the secretion of growth and regeneration factors by the platelets; the PRP is then injected into the woman’s ovary to stimulate its reactivation. Based on our experience so far, we have observed that in about 2-3 months we can have important information on the effectiveness of the treatment in the patient. I would like to emphasise that in most cases we will not see an exponential increase in the ovarian reserve, but a sufficient increase to be able to obtain a greater number of eggs and be able to carry out autologous IVF treatment.

What are the strengths of your centre?

The heterogeneity of the patients who come to our Centre has provided the impetus for research aimed at developing new strategies to address the problems associated with treating this type of patient and to make all possible procreation options available. We are pleased to make available the experience of IVI professionals in the management of highly complex reproductive cases, along with the constant research work, which has allowed the development and implementation of the most advanced techniques, such as ovarian rejuvenation, but the potential of reproductive medicine is still so great.

Safas: history of a foundry founded more than 60 years ago

By

Imbimbo

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28 Dicembre 2022

0

Founded back in 1959 by Giovanni Pasqualotto, a great example of Italian entrepreneurship and father of Matteo Pasqualotto, the company’s current CEO, Safas is an innovative family business (now in its second generation) that has succeeded in establishing its leadership in the market for the production of steel castings for the energy, mechanical and transport industries, with an annual production capacity of over 10000 tonnes of finished products. Giovanni Vaccari, current Commercial Director and member of the corporate structure, explains the reasons for the success of an all-Italian excellence that is increasingly oriented towards internationalisation, technological innovation, the enhancement of human resources and environmental sustainability.

by Roberta Imbimbo

Dr. Vaccari, with what mission was Safas born?

Founded about 60 years ago as a company highly specialised in the casting of steel and cast iron, over the years this historic industrial company in Tavernelle di Altavilla has expanded its core business to other strategic activities. Once it had consolidated its brand reputation in the original market, on the strength of the quality and reliability of its products (used in the most advanced industrial sectors), together with the Group’s other affiliates, it pursued a decisive strategy of diversification towards new businesses, such as power generation – investing considerable resources in the construction and conduction/management of hydroelectric plants to produce renewable green energy – and the production of high value-added plastic components, thus expanding its customer base. Today, Safas Group is a globally operating company that has succeeded in establishing valuable and well-established partnerships, especially in North America, Europe and Asia.

Let’s go back to the most characteristic sector, steel, which represents the heart of the Group. What peculiarities distinguish you from your competitors?

The Steel Castings Division, with its differently specialised production units, has allowed us to achieve a truly unique completeness of offer in steel and cast iron castings, calibrated to the specific needs of both small industries and large multinationals. Over the years we have specialised in the production of high value-added solutions, with the aim of maximising customer satisfaction with top-quality products and an all-round consultancy and assistance service aimed mainly at a niche market, where there are few other players so well structured.

The subsequent strategy of diversification and therefore expansion into markets not yet covered, carried out using the know-how and skills already accrued by the company over the years, without ever renouncing to strengthen the original core business, has allowed us to gain further competitive advantage and consequently maintain a constant and growing volume of work over time in all the market segments served.

An innovative business approach, a strong vocation for internationalisation, huge investments in R&D and technological innovation (on average we invest more than 10% of our annual turnover), continuous improvement of company processes, of the skills and professionalism of our human resources (Safas Group’s true resource), and a precise corporate social and environmental responsibility, are the distinguishing traits of a dynamic and avant-garde reality that has so far achieved unimaginable goals and that now aims to win new and exciting challenges.

How important is it for you to combine economic growth objectives with a sustainable development policy?

Very much. Our commitment to a more sustainable future has gone as far as reorganising our production plants according to the paradigms of Industry 4.0, to be increasingly oriented towards digitalisation, production and energy efficiency, environmental sustainability and the circular economy. Without forgetting that today the Power Generation division produces more energy than is absorbed by our manufacturing companies, thus allowing us to have a surplus energy balance; a choice that over time has proved to be rewarding and that has allowed us to minimise the impact of our activity on the environment and to allocate a share of clean energy to the market, becoming in a short time a best practice spokesman in the entire sector. This is also why, for the second year running, we have been included in the Forbes Italia list of the best Italian companies for sustainability performance.

How important is human capital for you?

It is the most important resource on which to focus to continue growing our group. It is in fact people who give value to work through competence and determination, all very important ingredients that translate into invaluable added value in the service of our customers. In order to grow further in the global market, which is decidedly more competitive than the Italian one, we will therefore continue to invest not only in training, but also in enhancing the value of the people who work with us, so that each employee is adequately motivated to work in an innovative, stimulating, healthy working environment that offers numerous growth prospects for young people. The need to attract new talent to the company has also led us to develop important collaboration projects with local companies and universities. With the former, we have created real Academies, in order to make the foundry’s activity known and appreciated by the new generations; subsequently, at the end of an ad hoc training course, the most talented professionals, eager to grow and ready to get involved in a sector that offers numerous professional outlets, can be included in our workforce. With the university world, on the other hand, we have established valuable partnerships in order to bring trainee students into the company, who are given the opportunity to shape and improve their professional skills, thus maintaining the fruitful interaction between business and university. In conclusion, despite being a well-established Group, Safas aims to broaden its horizons and grow further to become an increasingly important player at international level.

For further information ( https://safasgroup.it)

FREEDOM IN SALES, A LEADING AIR TRANSPORT

By

Imbimbo

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28 Dicembre 2022

0

The Covid-19 shock had a disruptive impact on the entire airline industry, which had lost more than half of its turnover by last year. What are the prospects for the future of this sector today? We asked Roberto Melis of Freedom In Sales S.r.l., a young and dynamic company certified by IATA (International Air Transport Association), set up in 2012 to offer shippers, airlines, handling agents and their local representatives its services (from shipment pick-up to booking and subsequent ‘follow-up’, from assistance at stopovers to the management of all types of documentation) – on the strength of the expertise gained over many years of activity and a highly specialised and qualified staff.

by Roberta Imbimbo

Dr Melis, how has Covid impacted the air transport sector? And what is the situation today?

In 2020, due to the spread of the epidemic and subsequent lockdowns in different geographical areas, the air transport industry experienced an unprecedented contraction, losing more than USD 118 billion (data released by the International Air Transport Association (IATA)), when dozens of airlines had to stop their entire fleets. Today, thanks to the vaccinations carried out on the world’s population and the consequent reduced circulation of the virus, passengers have begun to travel again and have confidence in air transport; as a result, flight frequencies have returned, albeit partially, to pre-pandemic levels, thus facilitating the ability to transport our products abroad. According to an estimate by ACI Europe – which represents more than 500 airports in 55 countries and about 90% of European air traffic – air transport will only definitively return to pre-pandemic levels in 2025. Also influencing this figure is the war in Ukraine and the consequent new, dramatic drop in bookings for intra-European flights (apart from Russian airlines, the destinations most affected are generally those closest to the conflict).

How has your business evolved during this period?

Our main challenge has been to stay abreast of market developments in order not to miss important business opportunities. Despite the sharp increase in uncertainty – caused precisely by the war and the consequent new geopolitical risks – we have recorded significant growth (in turnover and tonnage transported) in this last period, taking advantage of the good momentum that began with the post-Covid recovery without losing our neutrality, a characteristic that has always distinguished us. In the pre-pandemic period, our company specialised in the air transport of pharmaceutical products at controlled temperatures. This expertise, which was difficult to obtain, proved to be a high added value during the acute phase of the Covid-19 emergency when it was necessary to transport the vaccine around the world. Having overcome this umpteenth worldwide emergency, Freedom in Sales will also aim to grow further in terms of structure and technological innovation. We are very proud of our achievements to date. In addition to having become an important link between airlines, or their local representatives, and freight forwarders, handling agents, in recent years we have further strengthened strategic partnerships, becoming one of the main references in Italy for the aforementioned figures for exports to North America and for Pharma Cargo management. We have decisively improved our ecological footprint, adopting a more sustainable business model and making corporate social and environmental responsibility our main ethical value by actively participating in Heco Energy, an innovative start-up Benefit particularly attentive to sustainability, the environment and people. Thanks to the decision to harmonise economic growth objectives with green policies, we were able to significantly strengthen our brand reputation in our target market. A great achievement for a young and innovative company that celebrated its first 10 years this year!

For more info (http://www.freedominsales-fis.it)

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