News
Debt restructuring agreement: the creditor's silence according to the Supreme Court
- 22/05/2023
With judgment No. 13877 of 19 May 2023, the Supreme Court of Cassation held that the dissent of the Agenzia dell'Entrate with respect to a company's debt restructuring arrangement proposal was not validly expressed. The First Civil Section ruled, in fact, that the Agenzia dell'Entrate acts as a mere nuncius of the tax authority holding the claim, having the burden of documenting the latter's will. However, in the absence of any evidence in this regard, any dissent expressed by the Agenzia dell'Entrate cannot be considered to be concretely attributable to the actual holders of the corresponding claims, who must therefore be understood as having remained inactive, within the meaning of Article 11(1) of Law No. 3/2012. In such a case, the rule of silence-assent applies.
NEWS
The Council of State reaffirms some principles in the field of public procurement
02/05/2024The Council of State, Section V, in its judgment of 12 February 2024, no. 1372, rendered on the subject of tender contracts, ruled that the instrument of "soccorso istruttorio" cannot be used to re...
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...
