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    Across The EUniverse - Number Twenty three
    2017-10-31

    Summer is over and Autumn is truly upon us bringing back many of the winds that seemed die down in the golden summer of Macron. Eurosceptic parties have made electoral gains in Germany and in Austria and the same has now happened in the Czech Republic. The hope that Macron and Merkel could push forward a strong integrationist agenda have faded somewhat as the German liberal party (and possibly the German Supreme Court) fight against common budgets and fiscal transfers.

    Filed under:
    European Union, Italy, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Public, Trade & Customs, Nctm Studio Legale, Punitive damages, European Parliament
    Location:
    European Union, Italy
    Firm:
    Nctm Studio Legale
    Can the Court amend the concordato preventivo proposal upon confirmation?
    2017-05-31

    The Court of Cassation with the decision of 3 April 2017, No. 8632 ruled that the confirmation order of the Bankruptcy Court can be appealed, even when there were no oppositions to confirmation, if the Court unilaterally amended the proposal approved by the creditors

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Nctm Studio Legale, United States bankruptcy court
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Case law builds up confirming that claims assigned during an insolvency procedure cannot be set off
    2016-11-29

    The Court of Appeals of Turin (5 August 2016) and the Court of Milan (25 June 2016) deal with cases of bankruptcy and concordato preventivo of the assigned debtor and confirm a broad interpretation of the limit to set-off set forth by Article 56 second para. of the Italian Bankruptcy Law

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    The going concern as a criterion to determine the value of shares in case of withdrawal
    2016-04-04

    “It is possible for the by-­‐law to provide that the equity capital, which is mentioned by article 2437-­‐ter, second paragraph, of the Civil Code for the purpose of liquidation of shares in case of withdrawal (but also, in case of mortis causa pre-­‐emption right, because of the statement of the article 2355-­‐bis, third paragraph of the Civil Code) is assessed pursuant to the criterion which consider the use of assets  on the going concern  perspective”

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    The Italian Court of Cassation rules out a single concordato preventivo proposal for groups of companies
    2015-12-09

    The Supreme Court (decision No. 20559 of 13 October 2015), decided that a single application for admission to theprocedure is not admissible if it involves a group, with a single proposal for all the creditors of the different companies,although the relevant assets and liabilities are kept formally separated.

    The case

    Filed under:
    Italy, Company & Commercial, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Enduring effects of an inadmissible concordato preventivo demand in the ensuing bankruptcy liquidation procedure ? The issue of set-off.
    2015-06-03

    With a decree of 11 March 2015 the Tribunal of Reggio Emilia, recalling the case-law principle of the socalled “consecution” of insolvency procedures, rejected the pleading in the proof of debt procedure of a creditor who requested its own post-concordato debt towards the then bankrupt company to be set off against its own pre-concordato receivable.

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Bankruptcy
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    The EU recast Regulation on insolvency proceedings (No. 2015/848) and avoiding actions by the receiver
    2017-10-30

    Applicable law

    Filed under:
    European Union, Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Court of Justice of the European Union
    Authors:
    Fabio Marelli
    Location:
    European Union, Italy
    Firm:
    Nctm Studio Legale
    La banca risponde del danno causato alla società dagli amministratori per ricorso abusivo al credito?
    2017-05-31

    La Cassazione 20 aprile 2017, n. 9983 conferma un proprio precedente secondo cui la banca può essere ritenuta responsabile per concorso nell’illecito, distinguendo la fattispecie da quella della concessione abusiva di credito

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Revolving credit lines need to be authorized by the Court in concordato preventivo ?
    2016-11-29

    The Court of Ancona (11 October 2016) ruled that the debtor can continue to draw from existing revolving facilities, to be considered as pending contracts that do not require an authorization by the Court

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    The Court of Milan and concordato “preserving the business” (only if the debtor continues trading)
    2016-03-31

    The Court of Milan (19 February 2016) adopts a restrictive approach and rules out that the special rulesprovided for concordato “preserving the business” (“concordato con continuità aziendale”) can applywhere the plan includes a lease of business arrangement

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale

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