Litigation, Italy updates

Is filing of new documents before Court of Appeal permitted?
  • Italy
  • January 30 2018

The Supreme Court of Cassation recently stated that following the legislative amendment introduced by Law 134/2012, the amended Article 345(3) of the Code of Civil Procedure forbids the filing of new documents during appeal. This is regardless of whether the documents appear to be essential, except for when the party proves the impossibility of filing them before the court of first instance for reasons beyond its control.

Supreme Court of Cassation issues decision on reasons for appeal under Civil Procedure Code
  • Italy
  • December 05 2017

In a recent decision, the Supreme Court of Cassation consulted its united sections on an important question regarding the specificity of reasons for appeal under Article 342 of the Civil Procedure Code. The question concerned whether the code requires an appellant to specify different content as part of its reason for appeal or provide only a detailed criticism of sections of the appealed decision.

Court finds that bankruptcy receiver can start civil and criminal proceedings against company directors
  • Italy
  • September 12 2017

The Supreme Court of Cassation recently found that a bankruptcy receiver has the right to institute civil and criminal proceedings for liability against company directors, even in relation to unfair preference in a bankruptcy committed through preferential debt payments in violation of the equality of creditors' principle. The court underlined the error in the argument that preferential payment "could cause a decrease of company capital by more than what would occur respecting the principle of the equality of creditors".

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