Giambrone Law

Full-Service Italian Law Firm in Rome

Giambrone Law

Largo Antonio Sarti n° 4
Rome 00196
Italy

Phone+39 (06) 326498

Website www.giambronelaw.com
E-mail  Contact Mr. Massimiliano Fabrini

Other Offices: Munich  Milan  Palermo  Sassari  Barcelona  Palma de Mallorca  Tunis  London  

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Law Firm Overview

Giambrone is an award-winning full service law firm operating through a network of offices in Barcelona, Berlin, London, Milan, New York, Rome, Tunis and Palermo with plans to expand further over the coming years.

Giambrone has undergone radical changes over the last eight years.
Operational processes have been extensively overhauled and substantial investments made in technology. The pursuit of continuous improvement and development culminated in Giambrone being named ‘Best Law Firm of the Year – Italy’ by Acquisition International in 2012 and 2013 and receiving of a host of other awards and accolades. We combine a classic approach to client services with a modern attitude to business and technology.

Giambrone provides businesses, corporations and individuals with a full spectrum of legal services, including banking and finance, corporate and commercial, litigation and dispute resolution.

Year this Office was Established: 2008

Languages: English, Italian, French, Spanish, Portuguese, Russian

Areas of Law


Additional Areas of Law: Debt Collection; Italian Property Purchases; Private Wealth Management; Acquisition Financing; Asset-Backed Lending; Leveraged Lease Financing; Private Placements; Securitization; Structured Finance; Syndicated bank Loans; Company Start-ups; Creation of Italian Limited Companies; Provision of Nominee Directors for Italian Companies; Corporate Secretarial Services; Commercial Contracts; Property Acquisitions and Management; Charity; Debt Collection; Restructuring Companies; Competition, Commercial Contracts; Residential Real Estate; Asset Management & Project Management; Private & Public Procurement; Commercial Real Estate Development; Inheritance Disputes & Contested Probates; Tax Investigations; Debt Collection in Italy; Insurance Disputes; Italian Succession; Cross-Border Probate; Matrimonial; Trusts Disputes; Forex Litigation.


Areas of Law Description

Our areas of practice include:

- Banking & Finance

Giambrone's Banking and Finance Department act for financial institutions, corporations and investors from all over the globe with help in arranging funding for most corporate lending transactions.

- Corporate & Commercial

Our fast expanding Italian Corporate Department has expertise in a wide range of corporate and commercial law areas. We recognize that our clients require specifically tailored solutions to meet every aspect of their business needs and strive to ensure that our advice successfully meets their aims and objectives.

- Real Estate & Tax

Giambrone's Italian Real Estate division applies its expertise to a wide spectrum of property transactions, in the areas of residential and commercial property law, Italian property acquisitions, tax and cross-border issues of Italian law.

- Litigation & Dispute Resolution

We have the experience to provide specialist Italian legal advice in all types of civil and commercial litigation and are able to handle a variety of work, from the most complex disputes to smaller matters that arise on a more frequent basis.

- Private Client

Giambrone's ever-expanding Italian Private Client practice advises individuals, entrepreneurs and investors on how best to structure their business and personal affairs, mainly in the areas of Italian tax planning, family issues, wills, trusts and probate, as well as residential real estate matters.

- International Department

Giambrone is a full service law firm with offices throughout the globe including, Milan, Rome, Palermo, London, New York, Sao Paolo and Casablanca. With the expansion of our International Practice; Giambrone has successfully opened a new French Department offering legal assistance to individuals and companies in French matters of law.



Partners

Massimiliano Fabrini Mr. Massimiliano Fabrini
Senior Lawyer
Asset Protection, Banking and Finance, Banking Law, Bankruptcy, Capital Markets



Of Counsel

Marco Altieri Mr. Marco Altieri
Lawyer
Asset Protection, Bad Faith Insurance, Banking and Finance, Banking Law, Bankruptcy

Marco Bernardini Mr. Marco Bernardini
Lawyer
Agricultural Law, Animal Law, Antitrust and Trade Regulation, Bad Faith Insurance, Banking and Finance

Antonio Mennuni Mr. Antonio Mennuni
Lawyer
Antitrust and Trade Regulation, Banking and Finance, Competition Law, Corporate Taxation, Leisure

Barbara Resedi Ms. Barbara Resedi
Lawyer
Alternative Dispute Resolution, Banking and Finance, Bankruptcy, Criminal Law, Debtor and Creditor



Associates

Helen Teffere Ms. Helen Teffere
Senior Lawyer
Banking and Finance, Estate and Trust, Estate Planning, Immigration, Import and Export

  

Affiliations

  • International Bar Association

More Information on Giambrone Law

Criminal Law
Civil Litigation
Personal Injury
Banking and Finance
Corporate and Commercial
Litigation and Dispute Resolution
Real Estate and Residential Property
Giambrone Law News and Publications

Articles Published by Giambrone Law

 Some of the Concerns for British Ex-pats in Spain

There appears to be a divide in the thinking of British ex-pats in Spain and their reaction to Brexit which is centred on the different requirements of the retired and the working population. Many individuals in both categories really wish that things could just carry on as before but realistically this is unlikely.

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 Employee Compensated after Italian Court Recognises Link between Mobile Phone Use and Brain Tumor

A recent case heard in the Italian courts may be influential in changing the approach employers have to work related mobile phone use. Mr. Roberto Romeo won an award for damages against his employer arising from the fact that Mr. Romeo’s brain tumour was caused by prolonged use of a mobile phone for work related purposes.

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 Brexit and the Rights of EU Citizens

In the wake of early Brexit negotiations, the fate of the three million Europeans currently living in the UK is a matter of concern for many. European citizens in the UK run the risk of being left stranded in an uncertain legal scenario, mainly due to the challenges presented by the British immigration system.

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 How to Achieve Italian Citizenship

Immigration has enjoyed the status of the hot potato of politics for some time and with Brexit looming that is unlikely to change in the near future. Many people may choose to change their citizenship, particularly those involved with or married to a person from another country, as well as individuals who are planning to remain in Europe for the foreseeable future may also want to become citizens of European country.

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 Planning for the Brexit Impact on Businesses

With the dawning of a new age, that of the separation of the UK from the EU and all that it entails, British businesses that depend on the European market must find ways of maintaining a foothold in Europe.

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 Beating Forex and Binary Options Fraudsters

Financial fraud, in general, is expanding at a great rate with forex and binary options frauds, in particular, gaining ground globally. Many hundreds of people around the world are targeted each day.

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 Spanish Citizenship: British Ex-pats in Spain May Face an Unforeseen Choice

[UK Prime Minister] Theresa May has finally triggered Article 50 which officially opens the way for formal Brexit talks. The uncertainty that surrounds this whole issue has left the British ex-pats in Europe facing unforeseen challenges. Brexit changes their position completely and they face momentous choices, whether to stay put and hope they can ride it out or become European citizens or come home.

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 UK's Supreme Court Finds for Solicitors' Insurer for Aggregated Claims

London 22 March 2017 - In a significant decision, the English Supreme Court today set aside a decision of the Court of Appeal and has given judgment in AIG Europe Limited v OC320301 LLP and Ors [2016] and found that the investors’ claims fell within the ‘series of related matters or transactions' definition contained in Clause 2.5 (a) (iv) of the minimum terms and conditions (MTC) laid down by the Solicitors Regulation Authority.

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 Wills Must Be Respected in UK, as the Supreme Court Ruling on the Challenge by Heather Ilott Reminds Us

The well documented case of Heather Ilott and her attempt to overturn her Mother’s will appears to have come to an end with the Supreme Court ruling that, whilst she may have be granted some money from her Mother’s estate, it is a far smaller sum than the Court of Appeal awarded.

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 Investors to Recover their Funds from OptionRally Financial Services Limited

It is no surprise with such complex and confusing financial regulations throughout Europe relating to financial activities that the consumer can easily be duped into believing that an investment broker is legitimate and adequately regulated, only to find that a smoke screen has been thrown up by a fraudulent broker.

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 The Spanish Supreme Court Has Upheld the Rights of Home Buyers

This striking recognition obliges the Spanish banks to return the money anticipated by the clients who have purchased houses that were not constructed or delivered.

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 Giambrone versus Banc de Binary and Options FM Group

Giambrone launches two Class Actions and Regulatory Complaints against Banc de Binary and Options FM Group.

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 Divorce in the English Courts for Foreign Nationals

Each year there are 24,000 divorces heard in the courts in England and Wales which involve a foreign national. Divorce in England and Wales is often considered more favourable to women as it favours the weaker party in the divorce which is frequently the wife due to having either no income or a smaller income compared to her husband. However, not in every case.

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 Property Purchasing in Italy for Foreign Citizens: a guide to property buying and selling

Despite the fluctuations in the markets across Europe in recent years, statistics suggest that there is an increase in investment in the Italian real estate market on the part of foreign investors.  Italy has always had a powerful charm, enticing people to its shores from all over the globe.  The lure of the wonderful climate, unique history and culture, not to mention the fabulous cuisine and wines, all combine to make Italy a superb choice for a holiday or retirement property.   

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 Moving Your Business Forward with a Cross-Border Merger in the EU

During the course of 2016 there were approximately 144 mergers and acquisitions (M&As) of UK businesses by foreign companies and around 104 mergers and acquisitions by UK companies of foreign businesses. A merger or acquisition frequently provides the dominant partner with increased traction and market share in its industry sector.

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 The Perplexing Problem of Who Can Stay and Who Must Go When Brexit Bites

There are fears in Brussels that the UK immigration system will be unable to define who has the right to stay and who must leave when Brexit finally bites. There is no means of tracking EU nationals when they enter or leave the UK. There is a very real fear that EU nationals living in the UK legally will be left in a chaotic no man’s land as for some people there will be no way of demonstrating the validity of their right to live in the UK.

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 Religious Discrimination at the Place of Work: A Comparison of the Italian and British Systems

Following to a recent judgement of the British Courts, relating to a Sardinian citizen, residing and employed in London, who wished to participate in the most important religious festival of Sassari (Sardinia), questions have arose in relation to workers’ protection against religious discrimination at the place of work.

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 Italy Implements a New Directive Relating to the Transfer of Workers between Countries

With the Legislative Decree 136/2016 which implements the “Enforcement” Directive (2014/67/UE) Italy strengthens the rights and protections afforded to workers posted between Member States and elsewhere relating to their terms of employment, remuneration and working conditions.

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 All Is Not Lost if You Have Been Scammed by a Fraudulent Broker

The rising level of investment scams poses a major threat to the financial security of many individuals. The speed with which the fraudsters operate and the methods they employ leaves little time for the target to question the proposition or recognise that it is a scam until it is too late.

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 Infringement: Choose Your Words Carefully in the UK

Competitor pay per click campaigns where a company bids for the name of a rival in the hope that a customer or client who searches for a particular company will not notice when a similar company, rather than the company they selected, appears in the search suggestions. This practice has always been regarded as a little underhand.

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 Take Action if Your Holiday Has Been Ruined by Avoidable Illness

There can be few holiday experiences more upsetting than having your holiday ruined by illness. Many people look forward to a holiday of a lifetime, perhaps a luxury cruise or a trip to an exotic or far flung destination costing a consider able amount of money, only to find that the only thing they see is the hotel bedroom, cabin or worse still foreign hospital ward.

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 Acquisition of Italian Citizenship by Marriage to an Italian Citizen

According to Italian law, it is not correct to state that a person born by Italian parents needs to apply to obtain citizenship because such person simply has to claim his right to become a citizen, because he has always been one. Italian citizenship is not determined by where the applicant was born but rather by family members who are citizens of the nation. Italy is one of the only countries in Europe with laws that allow for citizenship through blood that can go back many generations

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 Banc de Binary Is Shutting Down its Binary Options Operations

Further to the recent announcement that our Binary Options litigation team had confirmed a new partnership with a global finance firm focused on litigation funding to finance the increasing number of litigation cases relating to the forex and binary option sectors, we have now received confirmation that Banc De Binary will be closing its operations worldwide.

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 Non-resident Beneficiaries of Spanish Assets Have the Opportunity to Apply for a Tax Refund

If you were a beneficiary of someone who left assets in Spain but you were not yourself a resident of Spain you may have paid a higher rate of inheritance tax and may be due a refund since a ruling in the European Court of Justice in September 2014 which decided that the difference applied between residents and non-residents with regard to the application of inheritance tax and gift tax was discriminatory. The Spanish legislator has therefore been obliged to amend the inheritance tax law.

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 Germany Considers Negotiation of EU Trade Deals between the EU and the UK Will Exceed Two Years

As reported by German officials, a trade deal between the European Union and the United Kingdom may require more than two years to be negotiated. A cautious optimism can however be perceived in regards to the issue of citizens’ rights. “A post-Brexit trade deal between the European Union and the United Kingdom is very unlikely to be concluded within the time scale of two years”, said Stephan Mayer, the home affairs spokesman for Angela Merkel’s party.

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 The UK Supreme Court Ruling Today Will Help to Clarify the Grounds for Inheritance Challenges of Adult Children

The Supreme Court ruling, expected today, in the case brought by Heather Ilott following her exclusion from her mother Melita Jackson’s will should assist in clarifying the law relating to the grounds on which family members who are excluded from an inheritance can overturn a will.

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 UK to Face More Red Tape in Post-Brexit Scenario

The UK is expected to face additional legal challenges in relation to its permanence in the single market in a post-Brexit scenario, as reported by Open Britain (a cross-party campaign for the best deal with Europe).

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 Potential for British Children to Be Forced into Care as a Result of Brexit

An alarming consequence of the Brexit vote became apparent during the recent legal challenge at the High Court aimed at forcing the British prime minister, Theresa May, to acquire the explicit approval of Parliament before triggering Article 50.

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 Civil Partnership versus Marriage in Britain

It is probable that when the British government sanctioned marriage for same sex partners and enshrined the decision in the Marriage (Same Sex Couples) Act 2013 they undoubtedly thought they had squared the circle of discrimination as far as equality for all life partnerships was concerned.

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 British Ministry of Justice Acts to Protect Children of Divorcing Couples in Cross-border Separations and Divorce

An important decision was announced yesterday by Sir Oliver Heald, the justice minister in the British government, it has been decided that it is in the UK’s best interests to accept and opt into a proposal made by the European Commission to repeal and update the legal mechanism, known as the Brussels 11A regulation, which assists separating and divorcing couples settle disputes relating to both the custody of their children and their divorce when more than one country is involved.

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 BREXIT and the Impact on British and European Companies

The result of the British referendum has shocked the whole world. However it must be remembered that an official withdrawal from the EU has not taken place yet, changes in laws, regulations, taxes and other legal conditions are difficult to estimate at the moment. In any case it can be assumed that these changes would lead to additional costs and work efforts for both sides, the UK and the European Union.

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 Giambrone Expands Intellectual Property Practice in Germany

International law firm Giambrone (SLG) today announces the appointment of former Hammonds lawyer Barbara Niemann Fadani as Partner of their German office and head of Intellectual Property Group in Munich.

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 Amendment of section 151 in Seychelles Law Decriminalizes Homosexuality

The Seychelles may become a popular holiday destination for the LGBT community, as its Parliament passes Penal Code (Amendment) Bill, 2016. decriminalizing homosexuality.

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 How to Buy a Property in Italy

Popular questions concerning buying a property in Italy.

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 International Debt Collection in Italy

Regulations in Italy stipulate that International business-to-business transactions must be paid within 30 days from the invoice date, and any extension beyond the period gives the creditor the right to claim interest without a dunning letter, as per the rate agreed upon on the agreement contract. If there is no agreement in place, then the European Central Bank interest rate, which is reviewed in January and July, increased by at least 8% points, is applied.

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 What is the Process Italian Debt Recovery Companies Use to Collect Debts?

In Italy, a debtor should pay an invoice within 30 days which is actually shorter than other EU countries (60 days). However companies in Italy do not usually follow this rule with the public sector taking up to a year to pay. As a result, collecting debts in Italy are more difficult than for example the UK or USA.

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 Giambrone Expands Corporate and IP Practice into Arab world

International law firm Giambrone (SLG) has today announced the expansion of its Corporate and IP Practice to the Arab countries with the signing of a new strategic partnership with Jordanian law firm Abu-Setta & Partners, one of the largest IP firms in the Middle East, with head office at Amman.

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 Legal Services to Payment Service Providers in Europe

Prior to Directive 2007/64/EC of The European Parliament and of the Council of 13 November 2007, the framework of the payment services markets of the Member States was fragmented into 27 national legal systems.

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 Giambrone Assists Norman Atlantic Passengers to Launch Legal Action Against Vessel's Italian Owners

Giambrone, the Italian law firm whose Maritime insurance lawyers have assisted the victims of the Costa Concordia disaster and successfully recovered several thousand euros in damages and compensation from the Italian cruise ship operator, has today announced that they will be launching a similar class action on behalf of the passengers on board the Italian-owned Norman Atlantic vessel against the Italian owner of the boat, Visemar Di Navigazione.

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 Skiing and Snowboarding Accident Claims in Italy

Skiing and snowboarding accident claims: An important Judgment of the Italian Supreme Court [N. 28616 of 20.12.2013] excludes strict liability for the Ski Resort Operator if an accident on the slopes has been caused by excessive speed.

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 The Advantages of Making an Italian Will Under Italian Inheritance Rules

It is generally recommended that foreign citizens owning assets in Italy draft an Italian will. This will prevent significant difficulties that heirs might experience when transferring the ownership of Italian properties or other movable assets such as funds held in postal bonds or bank accounts in Italy originally registered in the name of the testator.

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 Giambrone Law wins award for ‘Best Marine Law Firm 2013 – Italy’ in Acquisition International M&A Awards

Giambrone Law is pleased to announce its recent win at Acquisition Internationa’s M&A awards. Giambrone was recognised for its work in Maritime Law in Italy and its involvement in acting for several victims of the Costa Concordia disaster, recovering significant financial compensation on behalf of the firm’s injured clients from Costa Crociere Spa

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 Giambrone Law Expands Its Presence in Spain

Giambrone, the European Law firm, has today announced an expansion of its Spanish operations with the launch of a dedicated Spanish Law Department and the opening of a new office in Barcelona in January 2014. "Spain has always been a core market for our business - says Brendan Dine, Practice Director of the Giambrone Group of European companies - since 2010, we have invested in the Spanish market by recruiting talented Spanish lawyers to help us expand our firm in Spain"

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 Italian Parliament Approves ‘Google Tax’ in 2014 Budget but the European Union Thinks It Is Illegal

Italy’s Parliament approved a controversial law on Friday forcing tech giants like Google to sell advertising online only through Italian intermediaries, provoking anger from digital economy experts.

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 Giambrone Law voted Best Italian Law Firm in London for 2013

For the second consecutive year, Giambrone Law has been lauded with ‘Best Italian Law Firm 2013” recognition in a readers’ poll conducted by Acquisition International for “innovation and performance across the business, legal, financial and investment communities.”.

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 How to Quantify Damages after a Car Accident in Italy

If you have been involved in a car accident in Italy and have suffered damages, there are a few important things you need to note. As any Italian personal injury lawyer will tell you, according to Italian Law, the person who caused the damage has the duty to restore the victim back to the position they would have been in if the damage had not occurred - as set out in articles 2043 and 2054 of the Italian Civil Code.

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 The Migration of Non Resident Trusts to Italy

Trusts are still alien to the Italian legal system as they are essentially based on concepts in contrast with the Italian general principles on ownership. As the Italian legal system does not have a definition of trust, the Hague Convention has provided one, together with rules to be applied by Italian judges in the presence of conflicts in case of assets in trust located in Italy.

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 Giambrone Law Instructed by British family after Italian Authorities Seize their Holiday Home in Dolcedo

Giambrone Law has been instructed to act on behalf of a group of foreign property owners - including a British family from Surrey - in the defence of a recovery action by the Italian authorities.

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 Giambrone Law Wins Leading Professional Negligence Case in Italy Borgo di Colleoli

Giambrone Law - the Anglo-Italian law firm that provides legal services across a wide variety of practice areas – is pleased to announce an out-of-Court settlement in a professional negligence case against a leading Scottish law firm, now in administration, and its professional indemnity insurers.

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 Cross-border Disputes and Service of Proceedings: UBS v. Regione Calabria

Analysis and commentary of the recent UBS vs. Regione Calabria High Court Judgment in respect of the issue of service of proceedings in EU countries.

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 The advantages of making an Italian Will

How to prevent foreign inheritance laws from affecting your summer villa. Owning holiday homes abroad has become increasingly common amongst English people. The idea of purchasing a second property in places like Tuscany, the French Riviera or Spain is undeniably appealing, and also represents in many cases a good investment.

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 Thinking of Starting a Business in Italy? Beware of Italian Red Tape

Gabriele Giambrone, Managing Partner at Giambrone Law ILP, the Anglo-Italian law firm, comments on the failed venture of the British firm, British Gas and its decision to forego its business venture in Southern Italy. Setting up a business in a foreign country can be a daunting endeavor.

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 Italian Lawyers, Italian Attorneys or Avvocati? - How to Qualify to Practice Law in Italy

The Italian term “Avvocato” (from Latin “advocate”) is normally translated with similar equivalent terms in the English language, namely with the expressions “Italian lawyer” or “Italian solicitor” in England, Wales and Ireland or “Italian attorney” in the United States.

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Videos Provided by Giambrone Law

hollicay accident compensation Claim

Giambrone is the firm of choice for personal injury claims made by individuals who have had an accident in Italy or Spain that was not their fault. As well as this Giambrone advise lawyers and legal representatives of other legal jurisdictions who have clients injured whilst in Italy or Spain.

Gabriele Giambrone Provides Infomation On Sky News

Q. Do you foresee extradition proceedings to bring Amanda Knox from America, back to Italy?

A. Hi, Colin. Well, this is a difficult question because from a legal point of view we must remember that Amanda Knox is still an innocent person because in the Italian judicial system, everyone is deemed to be innocent until the three steps of the appeals procedure are completed so assuming that the Corte Cassazione, the High Court will uphold the judgement, it is questionable whether she would return to Italy but in my opinion, she would not come back to Italy.

Q. Is it right to say, Gabriele, there is only one, or are there more appeal steps left?

A. Yes, that’s right, there is one more appeal. The lawyers for Raffaele Sollecito have already announced that they are preparing an appeal. The final appeal will be to the Corte Cassazione, which is the Italian Supreme Court, which can only look at matters of law and not at issues of fact, so any possibility of appeal would only turn on whether any legal arguments could be put forward, but the findings, the facts as such, have already been established by the Court of Appeal and so no longer can be put into debate.

Q. Yeah, and who would make that final decision, Gabriele, in terms of whether…I mean, assuming that that final court upholds the conviction? Would it be a politician or would it be a judge who would make that final decision to say, “OK, we now want to send the papers to America and we are seeking the extradition of this woman” because obviously, to some degree, the story is politically loaded -- lots of media attention – whose decision would it be?

A. Ah, no, no, no. We have a very clear distinction between the political system and the judicial powers here in Italy so it would be a judicial decision. What would happen is that effectively, if Amanda Knox and Rafaelle Sollecito were found guilty at the third step of the appeal, then there would be an order for Amanda Knox to be extradited and what may happen I presume, is that her American lawyers would argue that under American law, she should not be brought back to Italy under the principle of “double jeopardy.”

Q. And in terms of extradition proceedings between America and Italy, how well used is that treaty?

A. Well, the treaty has been used and it’s fair to say there is a good cooperation between the two countries, however it is also fair to say that the American authorities are very protective and they interpreted the treaty perhaps to protect their own citizens, so whether from a factual point of view, it is my own personal view that she would return to Italy, I think the chances are very low. From an Italian legal point of view, the judgements of the Court of Appeal in Perugia – the acquittal judgement – has been annulled as though it never existed which means it doesn’t have any legal standing, therefore it is wrong to say Amanda Knox was found not guilty so there is no double jeopardy as such. There is one judgement, which is the judgement of the Court of Appeal in Florence. She has been found guilty and therefore under Italian principles, we have no doubt that she should be extradited. Whether she will come to Italy is a separate matter.

Q. Gabriele Giambrone, as Managing Partner of Giambrone Law, who are an anglo-Italian law firm, Gabriele, thanks very much indeed.
A. (nods thanks)

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