Real Estate, Public, Civil and Tax Law Firm in Italy
Law Firm OverviewThe Studio Legale Ferraro Guglielmi in Italy focuses on European Union law, administrative law and civil law. The firm has a network of partnerships throughout the world to assist clients in other countries with international legal issues. The firm provides high-quality legal advice for companies in the country and outside the country.
Lawyers at the firm use relationships built with universities to address important legal questions for clients. They are kept up-to-date on changes in law and technology. Relying on that knowledge, they address the issues clients are experiencing. They also spend much of their time researching trends in European Union law.
Lawyers at the Studio Legale Ferraro Guglielmi help clients with corporate or commercial complaints. They explain the process and work with them on mergers or corporate filings in Italy. They are honest when discussing the facts of the case and how the European Union provides differences from individual countries. They are successful in finding solutions to clients' problems throughout Italy and the European Union.
Languages: Italian, English.
Areas of Law
Additional Areas of Law: Navigation and Shipping Law; Contractual and Tort Liability; Public Procurements; Urban and Town Planning Law.
Areas of Law Description
Our areas of practice include:
- Public Procurements Law
With reference to the law of public procurements, the law firm can provide assistance for the following profiles:
advice in relation to:
. the establishment of legal transactions of public - private partnership (including project financing, especially under articles. 153 et seq., D.lgs. 12 - 4 - 2006, n. 163);
. participation in public procedures for the award of public contracts (works, services or supplies), also with reference to the public authorities, for the definition of the tenders’ publications;
. participation in public procedures for the establishment of public - private joint ventures (especially with reference to the field of the local public services pursuant to D.lgs. 18 - 8 - 2000, n. 267 and to the procedure for selecting the private partner);
. judicial advice in relation to all the stages of these public procedures - or of those directed to the creation of cases of in house providing -, especially, with regard to private individuals, with reference to the profile of damages resulting from the activities of the Public Administration in listed matters. A primary emphasis is given to the issues related to water services pursuant to d.lgs. 3 - 4 - 2006, n. 152.
- Tax Law
With reference to the tax law, the law firm can provide assistance for disputes related to Italian taxes such as TARSU (ie, TIA) or ICI, designing the overall strategy of defense, considering the preparation of explanatory statements, acts of counter-arguments and appeals, representing up to tax commissions at the provincial and regional levels.
- Law of the Public Services
With reference to the public services, the law firm can insure the assistance:
. for operations of public - private partnership for the management of public services (especially local services);
. for the selection of private partner mixed public - private companies created for the provision of those services;
. judicial defense with reference to the tenders’ acts for the award of such services;
. the level of the commercial law with respect to the choice of civil and corporate forms in relation to the different forms of management of public services;
. market analysis in relation to the most appropriate methods and technical tools (especially in terms of corporate and commercial law) for the choice of the concrete instruments for the delivery of the public services.
- Urban and Town Planning Law
For the urban and town planning law, the Law Firm offers advice, in particular, for local authorities, in relation to:
. the preparation of urban plans, especially with regard to the “landscape's" grant’s profiles;
. litigation proceedings relating to such plans;
. the planning procedures, in particular, for the prediction of constraints to protect the environment and the “landscape”.
The law firm may offer advice on the urban and town planning law to private parties in relation to:
. to all planning procedures;
. to issues related to infringements with reference to the urban plans law, especially with regard to the law profiles concerning the environment, the “landscape” and the cultural goods;
. in cases of expropriation for public utility, especially with regard to the compensation of the damages for the private subjects.
- Environmental Law
With regard to the environmental law, the law firm offers advice for:
. the procedures for EIA and SEA, pursuant to arts. 4 et seq., d.lgs. 3 - 4 - 2006, n. 152, both for public administrations and private entities who wish to have a clear and precise picture about the issues and the protection of their interests in those proceedings; issues of environmental damage under the current Italian and European regulations (in particular, art. 311, d.lgs. 152/2006);
. issues related to regulations on “waste” matter (especially in relation to the so-called "remediation of contaminated sites" within the meaning of d.lgs. n. 152/2006);
. in the energy sector, with particular reference to the legal issues in the environmental field for the installation of electricity production with photovoltaic systems under d.lgs. 29 - 12 – 2003, n. 387;
. for matters related to the right of the “landscape”;
. litigation proceedings relating to the imposition of administrative sanctions for the violation of the Italian and European law concerning the protection of the environment (in particular, under articles. 133 et seq., d.lgs. 152/2006, especially in the field of the "waste" discipline).
- Navigation and Shipping Law
With reference to the navigation and shipping law, the Law Firm can provide assistance for all the areas covered by this issue, both with regard to the navigation at sea in the narrow sense and in relation to the provisions contained in the "Navigation Code" relating to aircraft.
The law firm can provide advice, in particular for:
. problems concerning the movement of "craft", as, for example, aspects of compensation for damages caused by such "vehicles" or matters relating to tort for breach of the rules governing the use of "vehicles" at sea;
. problems related to town planning law in relation to the establishment and regulation of "ports" for “vehicles” used for sea or of areas designated for aircraft takeoff and maneuvers (eg, areas for civilian airport);
. questions of international or domestic law relating to contracts for the purchase of boats or economic activity for the production and sale of such "vehicles".
- Administrative liability of the legal persons ex d.lgs. 231/2001 (an Italian discipline that has introduced a new kind of responsibility of the legal persons)
With reference to the form of liability provided for by d.lgs. 8 - 6 - 2001, n. 231, the Law Firm offers advice in the constitution of legal persons or corporate bodies (associations, foundations or companies), for the fulfillment of the "burdens" required by that legislation and, in particular, with reference to the determination of the so called "supervisory body" and of the "ethical code".
In Court the law firm offers advice on defense against the penalties provided by that legislation. The ability to carry out this advice refers, in general, for example, to the environmental matters or to the "crimes" for corporate or business activities not covered by that legislation.
- Contractual and Tort Liability
With reference to the profiles of contractual liability, the Law Firm offers advice in relation to all the forms of contractual liability both for "typical" and “atypical” contracts (eg, leasing, corporate contracts).
An important area of that advice concerns the public - private partnerships, such as the project financing, which poses frequent problems of compensation of contractual damages.
With reference to non-contractual liability, as well as for the types of responsibilities under the Civil Code, the Law Firm offers advice, in particular, with regard to the damages related to the activity of Public Administrations, specifically, in public procedures for public procurements.
Another important area of advice in relation to issues of civil liability is related to the field of corporate law, with reference, for example, to the management's liability.
The Law Firm can provide legal services for the preparation of various types of contracts, "typical" or "atypical", particularly in the field of the real estate and of the property law, where the expertise of the firm in the field of the administrative law can provide a comprehensive examination of the legal issues related to the purchase, in particular, of the house property.
- Real Estate
In this respect, the firm can provide advice for issues relating to private or public rights, and, in particular, property rights. The judicial and extrajudicial assistance for these profiles concerns both aspects of civil law more closely with counseling and legal assistance for the protection of property rights, both aspects of public law, where the legislation on environmental protection or cultural goods puts public or administrative limits to real private rights in this respect.
- Company and Corporate Law
With reference to company law, the Law Firm can:
. give advice on setting up companies, starting from the corporate model that best suits the needs of the enterprise;
. give advice on the tax law in relation to the business model chosen;
. assist in the construction of the internal governance of the company, choosing the set of relationships between corporate bodies more suited to the needs of the corporate in question;
. assist in the establishment of public, public - private or entirely in house joint venture, especially with regard to operations of public - private partnership;
. advising on an economic and accounting profile for the study of the balance sheet, income and financial position of companies also in relation to the tax law.
- Corporate Governance
With regard to corporate governance under d.lgs. 231/2001, the Law Firm can give advice in relation to the identification of the “set up” of the corporate bodies to make it compatible with the rules established by that legislation, with particular reference to the identification of '"supervisory body" and for the preparation of the "ethical code".
The Law Firm may, then, in this respect, provide assistance (including the profile of the “accounts”) to companies, studying the characteristics of their activity and supporting it by controls to verify the compliance with that legislation.
Dr. Jur. Vincenzo Ferraro
Administrative Law, Civil Rights, Commercial Law, Public Law
Dr. Jur. Stefano Guglielmi
Administrative Law, Civil Rights, Commercial Law, Public Law
- Bila- British Italian Law Association (London, UK)
- AEA - International Lawyers
More Information on Studio Legale Ferraro GuglielmiReal Estate Law Firm
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Public Procurement Lawyer
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Contractual and Tort Liability Lawyer
Environmental Law Firm
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