Litigation and Dispute Management

Rules governing a power of attorney granted overseas

A power of attorney granted to a lawyer representing a party in Italian litigation is governed by the rules of Italian civil procedure even where it is granted abroad. Accordingly, such a power of attorney can be granted in the form of a public deed or a private deed certified by a public notary. The substantial validity of a power of attorney is governed by the lex loci, provided that the latter encompasses the institutes of a public deed or a private deed certified by a public notary in such a manner not to oppose the general principles set out under Italian law. In particular, a private deed certified by a public notary has to be signed before him/her and he/she has to ascertain the identity of the signatory beforehand. The compliance with the aforesaid requirements can be proven also on the basis of assumptions.

Supreme Court, 7 May 2014, no. 9862

Environmental

FITs - retrospective cuts: Government erring on side of caution

The Italian Chairman of the Environmental Committee to the House of Representatives, Ermete Realacci, has confirmed that the Italian Government has no intention of cutting FITs retrospectively and is working with the Renewable Energy Associations to find an alternative solution which will not impact negatively on the clean energy sector. Solutions that are being considered to finance the 10% discount to the electricity bill are an increase in certain own use and net metering allowances and reduction in administrative fees.