Administrative infringement disputed against a S.n.c.: only the natural person can be liable

  • 29/01/2019

With regard to administrative sanctions, pursuant to art. 3 of the Law of 24 November 1981, no. 689, is considered to be responsible for the administrative infringement only the natural person to whom the action or omission, that constitutes an infringement, is referable.

It follows that, if an administrative infringement is abstractly attributable to a company, managing directors are not automatically liable, being essential to ascertain whether or not they held a behavior from which it derives the infringement. These are the principles reaffirmed by the Supreme Court of Cassation in the ordinance no. 30766 of 28th November 2018.


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