Providing advice and assistance in all areas of civil and commercial law
Seeking a solution for even the most complex problems
Mr Andrea Maria Frigieri graduated from the University of Modena, where he practised law, and qualified in 2007. In the course of his professional training, he has delved into the following subjects:
- Advising on agency contracts, international commercial law, EU law, German law;
- B2B credit management on behalf of Italian and foreign clients;
- Corporate dispute resolution;
- Dispute resolution in avoidance actions
- Advising on inheritance matters
Mr Frigieri is fluent in English, French and German.
Areas of professional activity
Business consulting
The firm’s consultancy has the following objectives:
- prevent the emergence of legal problems through an analysis of the risks and critical issues associated with each operation;
- manage and resolve problems that have already arisen, by defending the company’s interests in and out of court.
Credit management
Each collection case is assessed individually, analysing the debtor’s economic/financial situation and verifying the prerequisites for a settlement. If not, upon acceptance of a clear estimate and granting of power of attorney, I proceed judicially.
International litigation
Supporting clients in international litigation before all judicial authorities and arbitration courts in Italy and abroad, in the traditional areas of international trade law as well as in those of more recent national or EU regulation, either directly or through foreign correspondents.
Family law
Clients receive assistance in separation and divorce proceedings, in issues relating to the children of couples in crisis (custody, maintenance) and in all other family matters, such as succession, inheritance disputes, paternity recognition, and family abuse.
Legal domiciliation
The firm provides a legal domiciliation and replacement service for hearings and trials held at the Court of Modena and the Justice of the Peace of Modena, guaranteeing a punctual and reliable service.
Any questions?
Use the contact form to send an e-mail
Statistics areas of expertise
Finding an agreement is always better
- Judicial
- Out-of-court
Contact numbers
Address
P.zza XX Settembre 25
41121 Modena (MO)
Italy
Phone
+39 059 222460
Send an e-mail
News from the Italian Supreme Court
Violation of the right to bigenitoriality
Order No. 9691 of 24.03.2022
The violation of the right to bigenitoriality by the parent who obstructs the child’s relationship with the other parent, and the consequent need to ensure the implementation of that right, do not necessarily impose the pronouncement of the disqualification of the malevolent parent from parental responsibility and the removal of the child from his or her residence, as extreme measures that ineluctably sever all legal, moral and emotional relationships with the child, it being necessary to verify, in the interests of the child, whether such a remedy meets, in the concrete case, a limitation in the need to avoid trauma, even irreparable trauma, to the child’s physical and cognitive development, as a consequence of the sudden and radical exclusion of any relationship with the parent with whom the child has always lived, cultivating his or her own interests as a child, and of the correlated laceration of every habit of life.
Liquidation of companies
Judgment No. 22351 of 15.07.2022
In the event of the termination of the office of director due to the company being put into liquidation, no damages for revocation without cause are due, since the appointment of liquidators does not give rise to a revocation (tacit or implied) falling within the provisions of Article 2383(3) of the Civil Code, since the management body and the continuity of the administration are no longer in place.
Jurisdiction
Judgment No. 10860 of 04.04.2022
Following a ruling on jurisdiction by the Supreme Court seised in the regulation, the national court not of last instance before which the case is to be heard may refer a question to the Court of Justice for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union if it doubts the conformity of that ruling with EU law. In that case, however, the binding force of the domestic ruling on jurisdiction is lost only upon the outcome of the decision of the Court of Justice from which it emerges that the ruling is in fact contrary to EU law, and to the extent of the contrary finding.
Opposition to writs of enforcement
Judgment No. 18421 of 08.06.2022
Opposition to the enforcement proceedings provided for by article 617 of the Italian Code of Civil Procedure against the decree by which the Judge transfers the expropriated property to the successful bidder pursuant to article 586 of the Italian Code of Civil Procedure must be lodged within twenty days and runs from the time when legal or factual knowledge of the measure is obtained. Moreover, the enforcement Judge, in determining the modalities of the sale, may use the discretionary powers granted to him by law, taking into account the mandatory “minimum” provisions. In the event that the enforcement Judge oversteps his powers and adopts provisions against the law, the parties concerned will have the burden of timely filing an objection to the enforcement proceedings pursuant to art. 617 of the Italian Code of Civil Procedure.
Assessment with adhesion
Judgment No. 16675 of 24.05.2022
The so-called assessment with adhesion “accertamento con adesione” binds both the taxpayer and the tax authorities and, in particular, precludes the latter from any further assessment activity (subject to the exceptions provided for by Article 2, paragraph 4, of Legislative Decree No. 218/97) only for the tax period covered by the agreement. Conversely, such binding effect does not extend to other tax periods.
Italian wage compensation fund
Order No. 25847 of 01.09.2022
The special Wage Compensation fund (in Italian “Cassa integrazione in deroga”), established by Article 2, paragraph 64 of Law 92/2012, also falls within the provision of the third paragraph of Article 2120 of the Italian Civil Code, for being a case of total or partial suspension for which the wage supplement is provided for, in the sense of a period of absence from work with the right to remuneration, possibly paid in full or in part in social security form, which is included as a period of normal remuneration, even if the preservation of remuneration is limited to a percentage of it.