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Corporate groups in arrangement with creditors procedure is non-actionable.
With its decision no. 20559/2015, filed on 13 October 2015 (A. Ceccherini Presiding – L. Nazzicone Reporting Judge), the Supreme Court, 1st Civil Section, declared that a so-called corporate groups in arrangement with creditors procedure was non-actionable before the same court, in the absence of positive laws and regulations covering the phenomenon and governing its jurisdiction, the forms of complaints, the appointment of the bodies and the formation of the classes and of the volumes of assets and liabilities; indeed, according to current laws and regulations, a composition with creditors may be proposed solely by each of the companies belonging to the group before the court having local jurisdiction for each individual procedure, without possibility of confusion between assets and liabilities.