News
The shareholder cannot always take legal action against company administrator
- 18/06/2019
With sentence no. 14778 of May 30, the Court of Cassation, Civil Sect. n. III, has stated that company shareholders cannot always take legal action against company administrator if the damage is not personal and if is not a direct and immediate consequence of the illegal conduct of the administrator, as provided dor in the Article. 2395 of the civil code.
In this case the damages are indirect: the damages derive from those suffered by the company (possibly payable to creditors as provided for in Article 2394 of the Civil Code, also at the request of the bankruptcy trustee as provided for in Article 146 of the Italian Legge Fallimentare).
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