1st World Congress on Wine Tourism and the Law At the current time, only by examining the case in hand is it possible to establish whether the individual concerned is working in autonomous (freelance) form or under subordinate employment. This applies to wine tourism just as much as any other form of entrepreneurial initiative. The issue raised by article 2094 of the Civil Code is the frequently - encountered difficulty of clearly demonstrating the exercise of powers that characterise subordination in legal proceedings, as the managerial kind is implemented in a fractional, periodic manner and is divided into a number of instructions. The disciplinary and control powers are merely potential and often the dimension of authority concerned does not translate into direct forms of implementation, nor indeed conduct that can be perceived and easily proven in legal proceedings. Indeed, it is stated that, “in relation to work of an intellectual nature which does not require any organisation or adoption of risk by the worker, the key criterion for ascertaining the nature - autonomous or subordinate - of the relationship is the existence of managerial power which, whilst within the boundaries posed by the professional nature of the working relationship, allows it to exert itself in full within the organisation”16. As a result, only by examining the case in hand is it possible to establish whether the working relationships in the wine tourism activities concerned are subordinate or autonomous. 16 See Cass. 10 febbraio 2016, n. 2653, in Giur. it. rep., 2016.
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