Court of Cassation, Civil Division, Section I, 7 June 2021, judgment no. 15789
The competent Court must provide for the judicial receiver’s remuneration even if the composition with creditors is rejected
With judgment no. 15789 of 7 June 2021, the Supreme Court, while taking into account its previous rulings to the contrary, held that the phrase “at the end of the proceedings” in the third paragraph of Article 165 of the Bankruptcy Law implies that, following the end - for whatever reason - of the composition with creditors, the Court with jurisdiction over regulation of the competition, notwithstanding its formal termination, still has the power to determine the compensation due to the judicial receiver, once all his activities have been completed.