The LLBR Firm carries out judicial, extrajudicial and consulting activities in the field of administrative law, and in particular in the following areas:
The Firm follows various health facilities, nursing homes, hospitals “classificati” (religious hospitals), rehabilitation centers, outpatient centers, diagnostic centers and laboratories, assisting them in their relations with the Ente regionale (Regional Entity) for the establishment of the annual budget for hospitalization, day-hospital, outpatient and rehabilitation activities and the signing of the relevant contract (pursuant to d.lgs. no. 502 of 1992 and subsequent modifications).
It drafts applications for the annulment of the measures adopted by the Region, before the Administrative Judge and before the Ordinary Judge, depending on the subject of the dispute and with reference to the division of jurisdiction established by the Suprema Corte di Cassazione in Joint Sections (most recently Corte di cassazione Joint Section judgment no. 31029 of November 27, 2019).
In addition, the Firm follows the healthcare facility throughout the authorization phase (for activities with private individuals only) and accreditation with the Servizio Sanitario Regionale (Regional Health Service, SSR). In the case of privately-owned facilities that provide services for the Servizio Sanitario Regionale (Regional Health Service, SSR), the experts of the Firm follow the entire prodromal phase of obtaining institutional accreditation and its subsequent renewals: this, in particular, is done by providing the necessary assistance during the preliminary phase of verification of compliance with the regulations in force by the Region, as well as verification by the competent Azienda Sanitaria Locale (Local Health Authority, ASL) of the state of the organization and the hospital structure.
The Law Firm also drafts any legal proceedings before the Administrative Judge against the measures providing for the denial of the request for authorization and the one for accreditation.
Finally, the Firm assists the healthcare facility throughout the entire phase of the automatic and external analytical controls carried out by the Ente regionale (Regional Entity) for inappropriateness and inconsistency.
The consultancy activity of the Firm also extends to the action of contesting such control operations before the possible third-party body, provided for by the Regional Regulations, or in the starting process of the planned arbitration procedure, starting the application with the proposition of the questions and the relative inquiry activity until the final decision.
The firm operates in the field of environmental law and in particular:
The Firm deals with urban planning, planning and protection of the territory, also on behalf of different territorial bodies; it gained a wide expertise in the field of private and public residential construction and social housing. Indeed, the Firm counts many Cooperative edilizie (Construction Cooperatives) among its clients, which have benefited and are still benefiting from regional contributions ex Law no. 167 of 1992 and from construction programs specifically provided for by article 51 of Law 865/1971;
The Firm follows the whole phase of the constitution of the Cooperativa edilizia (Construction Cooperative), the request for the assignment of the areas as “diritto superficiario” (i.e. “leasehold”) by the Amministrazione comunale (Municipal Administration), the possible assignment of the regional contribution, as well as the definition of the maximum price of sale in reference to the CER surface created; it also takes care of consultancy activities for the Cooperativa during: the control activity carried out by the Inspectors of the Ministry for the Economic Development; the construction of the social housing, with the negotiation of the procurement contract; the assignment of the housing both in lease and definitive cession.
The Firm has an extensive experience in the field of challenging measures taken by the Authorities: CONSOB, AGCM, AGCOM, IVASS, Privacy. In particular, it has followed administrative litigation procedures on behalf of stockbrokers, SIM (Società di Intermediazione Mobiliare) companies, insider trading procedures, etc., with the consequent challenge of the sanctions ordered by CONSOB or by the Bank of Italy, as well as disputes against measures of exclusion from external and internal competitions, as well as career advancement procedures ordered by CONSOB; or regulatory measures of specific matters adopted, for instance, by the Bank of Italy to regulate the procedures meant to verify the incompatibility of the position of revisori contabili (auditors) within credit institutions.
With regard to the AGCM, the Firm has initiated complaints for violation of the rules of cuncurrency, assisting the client throughout the procedure until its closure; it has also assisted companies addressed by a proceeding of internal infringement of procedure rules, following the entire proceeding, including the application phase before the Administrative Judge.
The Firm also acquired extensive experience in the establishment of joint enterprises, particularly with respect to those established for the management of environmental services and landfills involving territories of several local governments, as well as the ones established for the management of water purification services.
In addition, the Firm curated consultancy activities for the implementation of infrastructure or works in project finance (regulated by article 183 of d.lgs. no. 50 of 2016), in the field of the construction of landfills, for the implementation of urban regeneration interventions and for the construction of hospital facilities.
Similarly, the Firm took care of numerous procedures for the procurement of services in the field of management of waste and water, security services, as well as control services in the context of airport sites or airlines, following any possible applications before the administrative courts; the Firm also curated numerous procurement competitions in the field of public works up until the awarding phase, subsequently having to resist or challenge the acts before the administrative courts.
The Firm has specific expertise in the field of mediation in complex administrative procedures such as conferences of services or program agreements under Law no. 241 of 1990 and subsequent modifications for the construction of complex infrastructure, delimitation of protected natural areas, identification of hydrogeological constraints, production facilities or identification of industrial areas.