News
Legislative decree 231/2001: only the “Curatore” is vested with the capacity to sue and to be sued
- 07/08/2018
By Judgment no. 15788 of 9th April 2018, the Court of Cassation has dealt with the issue of the relationships between the procedure for the assessment of administrative liabilities of legal entities deriving from offences and the bankruptcy of such entities.
The Court has confirmed that the declaration of bankruptcy does not cause the extinction of administrative breaches listed in legislative decree no. 231/2001.
It has also stated that only the “Curatore” is vested with the capacity to sue and to be sued. It may well be the case that the application of a penalty set forth in legislative decree no. 231/2001 determines the existence of a preferential credit on behalf of the Treasury. If so, the said capacity can only be conferred to the “Curatore” who is the person in charge of the protection of the debtor’s assets.
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