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Real Estate

Italy

CMS AACS’s real estate practice, also through its network of European offices, provides advice on the transfer and lease (including financial issues) of residential and commercial real estate, in Italy and abroad. Besides drafting and negotiating contracts, our experience also includes performing due diligence reviews of commercial properties and, jointly with our tax department, preparing structures aiming at minimizing transfer and income taxes. The expertise developed by the firm over the years in drafting and negotiating construction and construction-related contracts, enables CMS AACS to deliver our clients - which include owners, operators to construction companies and sub-contractors - a full array of professional services. The long-established relationship with clients from various industries has allowed our lawyers to have a clear understanding of the different environmental issues that arise in connection with their activities.

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28 April 2021
Chal­len­ging bond calls on in­ter­na­tion­al pro­jects: Eng­lish courts vs Emer­gency...
A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
06 April 2021
EU is­sues draft of Di­git­al Mar­kets Act aimed at cre­at­ing a new and fair...
The European Com­mis­sion has pub­lished a draft pro­pos­al for a new com­pet­i­tion law frame­work for large on­line plat­forms, called the Di­git­al Mar­kets Act (DMA). The Com­mis­sion pro­posed the DMA due to the...
09 February 2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
14 January 2021
The rise of the glob­al ex­pert ser­vices prac­tice: Court of Ap­peal guid­ance...
A Court of Ap­peal de­cision earli­er this week has up­held an in­junc­tion gran­ted by the TCC pre­vent­ing an in­ter­na­tion­al ex­pert ser­vices firm from act­ing for more than one party to an in­ter­na­tion­al con­struc­tion...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
27 August 2020
Tail­ings Man­age­ment and New Stand­ards of Reg­u­la­tion
Tail­ings dam fail­ures have put the min­ing in­dustry in the head­lines for the wrong reas­ons in re­cent years. Dam fail­ures can have dis­astrous con­sequences in terms of loss of life and en­vir­on­ment­al dam­age...
07 August 2020
Treaty claims for can­celled or mod­i­fied in­fra­struc­ture pro­jects in the...
A re­cent IC­SID tribunal has denied an in­vestor’s claim con­cern­ing the de­vel­op­ment of an air­port pro­ject in Latvia. The in­vestor was un­able to pro­ceed with the con­struc­tion of its pro­ject due to nu­mer­ous...
05 June 2020
Ad­vance pay­ment bonds: “step­ping down” pro­vi­sions and more guid­ance on...
Last month we re­por­ted on a TCC de­cision which con­sidered the re­quire­ments for mak­ing and re­ject­ing a de­mand un­der an ad­vance pay­ment bond sub­ject to the URDG. Very sim­il­ar is­sues have now been con­sidered...
22 May 2020
Re­launch De­cree: meas­ures in fa­vour of the ten­ants and prop­erty own­ers
De­cree-Law No. 34 of 19 May 2020 (the so-called “Re­launch De­cree”) in­tro­duced a num­ber of meas­ures aimed at provid­ing fin­an­cial sup­port to the eco­nom­ic activ­it­ies most af­fected by the COV­ID-19 pan­dem­ic...
22 May 2020
Re­tail store lay­outs – Itali­an Su­preme Court ap­plies CJEU de­cision in Cofemel...
In a de­cision that will be wel­comed by the de­sign­ers (and op­er­at­ors) of re­tail concept stores, the Itali­an Su­preme Court has con­firmed that the design of a store lay­out may at­tract copy­right pro­tec­tion...
07 May 2020
The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts of...
A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
07 May 2020
GRESB 2020 – It’s Ques­tion Time!
GRESB has launched its 2020 Real Es­tate As­sess­ment. GRESB is the lead­ing glob­al En­vir­on­ment­al, So­cial and Gov­ernance (ESG) bench­mark for the real es­tate and in­fra­struc­ture in­dus­tries. It is a vol­un­tary...