Repechage: lightening of the burden of proof for the employer – Abusive use of trademark and software and misappropriation of the customer package: the Mazars case – Preliminary Agreement is not null if the building permit is missing
In the case of dismissal for justified objective reasons, connected with the business activity, the organization of work and its regular operation, the employer must demonstrate that he cannot post the employee at other equivalent or even lower tasks, in their absence.
According to an interim order dated 15.02.16, the Corporate Matters Section of the Court of Milan expressed itself on the infringement of trademark and software and unfair competition practices put in place by some former shareholders of Mazars Italia.
Contrary to any different position on legitimacy, in its ruling no. 8483 of 29.04.16, the Italian Supreme Court declared that voidness due to lack of building authorization may only refer to final conveyances of property and not to preliminary conveyance agreements.
Source: Newsletter Norme & Tributi
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