Commentary on Judgment No. 9570 of 2024: Agricultural Pre-emption Right

Judgment No. 9570 of April 9, 2024, by the Court of Cassation, serves as an important reference point for the regulation of agricultural pre-emption and redemption rights. In particular, the Court addresses the issue of competition among multiple holders of such rights, establishing clear criteria for conflict resolution. This article aims to analyze the main elements of the judgment, highlighting the meaning and practical implications of its provisions.

Regulatory Context

The judgment falls within the regulatory framework outlined by Legislative Decree No. 228 of 2001, specifically Article 7, which governs the pre-emption right in the agricultural sector. This provision introduced modernized criteria for selecting the contracting party, while maintaining the objective of promoting the expansion of agricultural holdings and land consolidation. The judgment clarifies that, in the absence of preferential titles, the judge must assess the greater or lesser aptitude of the applicants to pursue these objectives.

Judge's Selection Criteria

The Court emphasizes that, in cases of competition among multiple holders of the pre-emption right, it is crucial not only to consider the temporal priority of initiatives but rather the actual capacity of each aspirant to contribute to the goals of modern agriculture. In this regard, the judge's selection criteria are as follows:

• Greater aptitude for achieving the expansion of company size.
• Capacity to promote the technical-economic efficiency of the production unit.
• Contribution to land consolidation and business development.

Competition among multiple holders of the pre-emption right and the consequent agricultural redemption right - Resolution of conflict by the judge - Absence of preferential titles ex art. 7 of Legislative Decree No. 228 of 2001 in the applicants - Criteria for selecting the contracting party - Identification - So-called contractual freedom - Exclusion - Greater or lesser aptitude to realize the purpose of the norms - Necessity - Basis. In the event of competition among multiple holders of the pre-emption right and the consequent agricultural redemption right, the judge, if none of the applicants hold the preferential titles recognized by art. 7 of Legislative Decree No. 228 of 2001, must grant prevalence to one over the others based on the greater or lesser aptitude to achieve the objective for which pre-emption is established, namely the expansion of the territorial dimensions of the owner-cultivator farm that best meets the needs of land consolidation, business development, and the establishment of technically and economically efficient production units, disregarding the temporal priority of one or the other's initiative, and without the criterion of free choice by the seller being applicable, given that the cited provision did not revolutionize the criteria already contained in art. 8 of Law No. 590 of 1965 and art. 7 of Law No. 817 of 1971, but introduced new, more modern ones, leaving the objectives of the pre-emption and agricultural redemption system unchanged.

Conclusions

In conclusion, judgment No. 9570 of 2024 represents an important clarification for issues related to agricultural pre-emption and redemption rights. The Court of Cassation, by establishing clear criteria oriented towards economic and territorial objectives, offers a useful framework for both legal practitioners and farmers. The significance of this ruling lies in its potential application to ensure the sustainable and efficient development of Italian agriculture.