ADMINISTRATIVE LAW AND COMPETITION LAW
1) Published in the Official Gazette: Conversion Law No. 50/2026 on measures to simplify administrative proceedings; in particular, amendments to the framework governing tacit consent (silenzio-assenso)
On 20 April 2026, Conversion Law No. 50/2026 converting Decree-Law No. 19/2026, which also introduces measures to simplify administrative proceedings, was published in the Official Gazette.
2) The European Commission has adopted the regulation on the application of Art. 101(3) TFEU to categories of technology transfer agreements, as well as the guidelines on the application of Art. 101 TFEU
On 16 April 2026, the European Commission adopted the revised Technology Transfer Block Exemption Regulation applicable to technology transfer agreements and the new guidelines on the application of Art. 101 TFEU, which will replace the regime in place since 2014.
3) Council of State: the result principle requires a substantive assessment of experience requirements, even where they have been acquired abroad
By judgment No. 2969/2026, published on 14 April 2026, the Council of State reaffirmed that, in compliance with the general result principle set out in Art. 1 of the Public Procurement Code, contracting authorities are required to recognize and give weight to the services performed abroad by economic operators for the purposes of verifying the possession of the technical and professional capacity requirements demanded by the lex specialis of the tender procedure, even where there is no perfect correspondence — above all in terms of nomenclature — between the activities carried out abroad that economic operators indicate as prior experience and those required by the tender documentation.
4) Administrative Court of Campania: the lawfulness of the revocation of the award ordered by the contracting authority does not automatically exclude the pre-contractual liability of the Public Administration for breach of the duty of good faith
By judgment No. 2342/2026, published on 13 April 2026, the Administrative Court of Campania ruled on the lawfulness of the revocation in self-redress (autotutela) of a tender procedure for the award of works and on the consequential damages in favor of the first-ranked economic operator.
5) Council of State: no general and automatic obligation to submit the economic and financial plan for the award of concessions.
By judgment No. 2811/2026, published on 8 April 2026, the Council of State held that the reference to the economic and financial plan in the provisions of the Public Procurement Code governing the award of concessions does not automatically entail an obligation — incumbent on awarding entities — to require economic operators participating in the tender procedure to submit the economic and financial plan.
EMPLOYMENT
6) Italian Supreme Court: the caregiver is entitled to reasonable accommodation
By judgment No. 9104/2026, published on 10 April 2026, the Labour Division of the Italian Supreme Court — in line with the ruling of the Court of Justice of the European Union, which had been referred to for a preliminary ruling — established the principle whereby an employee who is a so-called caregiver, i.e. a person who provides assistance to a family member with a disability, is also entitled to the reasonable accommodations provided for by Art. 5 of Directive (EC) 2000/78. As a result, the failure by the employer to adopt organizational measures suitable to enable the employee to provide assistance to a child with a disability constitutes a form of indirect discrimination.
M&A
7) Italian Supreme Court: corporate connection, significant influence, dominant influence and group of companies
On 13 April 2026, the Italian Supreme Court, by judgment No. 9260/2026, ruled on the subject of corporate connection (collegamento societario) pursuant to Art. 2359, paragraph 3, of the Civil Code, clarifying the conditions necessary to establish a significant influence between companies.
8) CJEU: on the criteria for classifying information as inside information under the MAR Regulation
On 19 March 2026, the Court of Justice of the European Union, by judgment delivered in Case C-363/24, ruled on the criteria for classifying information as inside information within the meaning of Regulation (EU) 2014/596 on market abuse, with particular regard to the requirement of “precise nature”.
REAL ESTATE
9) Italian Supreme Court: confirmatory deposit (caparra confirmatoria) is not subject to the power of reduction under Art. 1384 of the Civil Code
On 2 April 2026, the Italian Supreme Court, by judgment No. 8217/2026, ruled on the subject of the confirmatory deposit (caparra confirmatoria), clarifying its nature, function and limits, with particular regard to the possibility of judicial intervention as to its amount.
10) Italian Supreme Court: in real estate leasing, the clause conditioning the restitution to the lessee of the proceeds of the sale of the asset upon a disposal following the lessor’s “unchallengeable negotiations” (insindacabili trattative) is not a purely potestative condition
On 2 April 2026, the Supreme Court ruled, by Decision No. 8294/2026, on the subject of real estate leasing (leasing immobiliare), clarifying the validity of the clause subordinating the restitution to the lessee of the proceeds of the sale of the asset subject to the financing lease agreement to the disposal following “unchallengeable negotiations” by the lessor.
BANKING / FINANCIAL / INSURANCE REGULATION
11) Bank of Italy: draft circular on supervisory reporting by crowdfunding service providers open for consultation
On 22 April 2026, Bank of Italy published for public consultation the proposed circular on reporting obligations for crowdfunding service providers, together with the proposed amendments to Circular No. 286 of 17 December 2013 “Instructions for the compilation of prudential supervisory reports for supervised entities” and the proposed amendments to Circular No. 154 of 22 November 1991 “Supervisory reports of credit and financial institutions. Reporting formats and instructions for the transmission of information flows”.
12) BRRD: amendments on the resolution framework for credit institutions published in the OJEU
On 20 April 2026, Directive (EU) 2026/806 of 30 March 2026, amending Directive (EU) 2014/59 as regards early intervention measures, conditions for resolution and funding of resolution action, as well as Directive (EU) 2014/24 as regards valuation services in resolution, was published in the Official Journal of the European Union.
13) AMLA: draft guidelines on money laundering risk self-assessment and RTS under the Anti-Money Laundering Regulation open for consultation
On 16 April 2026, the Anti-Money Laundering Authority published for consultation two proposals aimed at harmonizing the framework on anti-money laundering and countering the financing of terrorism risk.
14) ESMA: call for evidence on restricted subscription and private credit ratings
On 16 April 2026, the European Securities and Markets Authority published a Call for Evidence concerning two categories of evolving credit rating products: restricted subscription credit ratings and private credit ratings under Regulation (EC) No. 1060/2009 on credit rating agencies.
15) EIOPA: consultation on the treatment of proportional reinsurance treaties with features that jeopardise the effectiveness of risk transfer launched
On 15 April 2026, the European Insurance and Occupational Pensions Authority launched a public consultation on the treatment of proportional reinsurance treaties containing clauses may jeopardise the balance between the reduction of the solvency capital requirement and the effective risk transfer achieved.
16) EBA: draft guidelines on limits on exposures to shadow banking entities under the CRR open for consultation
On 9 April 2026, the European Banking Authority published for public consultation the draft revision of the guidelines on limits on exposures to shadow banking entities carrying out banking activities outside a regulated framework, pursuant to Art. 395, paragraphs 2 and 2bis, of Regulation (EU) 2013/575.
RESTRUCTURING AND INSOLVENCY PROCEEDINGS
17) Italian Tax Authority: draft interpretative circular on the CCII open for consultation
On 15 April 2026, the Italian Tax Authority (Agenzia delle Entrate) published for consultation a draft circular on the amendments introduced by Legislative Decree No. 14/2019 (the Codice della crisi di impresa e dell’insolvenza).
OTHER RELEVANT NEWS
18) Consolidated Financial Act reform: the text of the legislative decree published in the Official Gazette
On 14 April 2026, in implementation of the delegation of authority under Art. 19 of Law No. 21/2024, Legislative Decree No. 47 of 27 March 2026, containing the comprehensive reform of the provisions on capital markets set out in Legislative Decree No. 58/1998 (the Consolidated Financial Act — Testo Unico della Finanza) and provisions on capital companies contained in the Civil Code, was published in the Official Gazette (General Series No. 86 — Ordinary Supplement No. 14).
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CRCCD NEWS edited by
Elena Ghi and Claudia Marcuzzo
Contributors to this edition:
Alberta Berruti, Sofia Cavallina, Federico Li Pomi, Matteo Manenti, Anna Manfredini, Nicolò Orlich, Flaminia Pallini, Benedetta Pedrolli, Mohammad Shamal, Luca Simoni, Gregorio Torazzi, Raffaela Tortora, Linda Varanzano, Giulia Vianello.