Has your company been subject to an environmental assessment and do you want to protect your company as best you can?
Attorney Paride D'Abbiero specialises in the environmental issues affecting a company, with a particular focus on criminal proceedings and administrative measures implemented by the Authorities to apply sanctions to companies.
How can business owners avoid environmental liability?
Business owners have to run their businesses and take care of marketing, as well as keep company costs under control, manage personnel and much more. Prudent business owners realise that they cannot be made the scapegoat for every business situation or problem.
The delegation of environmental roles relieves business owners of liability and enables a corporate figure responsible for the sector to be appointed. This delegation is only valid under certain conditions:
- it must be recorded in a written deed bearing a certain date;
- the delegate must possess all the requirements of professionalism and experience required by the specific nature of the delegated functions;
- the delegation must grant the delegate all the organisational, management and control powers required by the specific nature of the delegated functions;
- the delegation must grant the delegate the autonomy of expenditure required to perform the delegated functions;
- the delegation must be accepted by the delegate in writing;
- the delegation must be registered with the Chamber of Commerce.
What environmental sanctions can be applied?
The breach of environmental regulations may give rise to different types of liability:
- Administrative liability, which entails the application of the sanctions identified in Italian Legislative Decree no. 152/2006 (Consolidated Environmental Act).
- Criminal liability, which directly affects the business owner or the person who has taken on the role of environmental delegate in the company;
- Administrative liability arising from offences, as per Italian Legislative Decree no.231/2001, which provides for pecuniary fines and disqualifying sanctions;
- In some circumstances, the means used to commit the offence can also be confiscated.
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How can you defend yourself from environmental disputes?
Defending yourself against environmental disputes differs depending on whether the dispute is administrative or criminal.
It is important for business owners to define an effective strategy with their lawyer, sometimes also with the help of environmental technical consultants.
Loyce Legal assists companies in defining an overall defence strategy together with its trusted top-level environmental technical consultants, in order to achieve the result that business owners wish to achieve (avoidance of the application of administrative and/or criminal sanctions).
Why choose Attorney Paride D'Abbiero
So you can concentrate on your BUSINESS
Defending your company also requires effective and prompt legal assistance. Business owners must be able to concentrate on running their businesses and safely delegate the defence of the company if it is charged of alleged environmental offences by the Authorities.
So you can organise your business in such a way as to avoid SANCTIONS
It is important to structure companies in such a way as to ensure that it is not always only their owners that bear liability. Defining a system for delegating functions, with the help of a trusted lawyer, allows business owners to focus on what is most important to them and to delegate certain areas of the business to competent and well-trained individuals.
So you can protect what you have BUILT over the years
If certain administrative or criminal proceedings are not followed properly from the outset, they have the potential to bring a company to its knees. Investing in effective and prompt legal assistance becomes a must for business owners.