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Decree of approval of “Concordato Preventivo”: appeal excluded only if there were no objections

  • 10/04/2017

Article 183 of the Bankruptcy Act provides that against the decree of approval of the courts may be brought complaint to the Court of Appeal.

Under Article 180, paragraph 3, of the Bankruptcy Law, however, it is expected that, at the time of approval judgment, if no oppositions filed, the Court, verified the regularity of the procedure and the outcome of the vote, approves the “Concordato” with motivated decree not subject to appeal.

With sentence no. 8632 of 3 April 2017, the Supreme Court intervened to clarify the coordination between the two provisions, stating that the first rule states a general justiciability before the Court of Appeal of the approval decree of the courts and the latter is intended of strict interpretation, since it excludes the possibility of burden only in case of lack of oppositions.

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