Analysis of Judgment No. 20862 of 2024: Appealability of Partial Distributions in Compulsory Administrative Liquidation

The recent judgment No. 20862 of July 25, 2024, issued by the Court of Cassation, represents an important reference point for legal professionals in the field of compulsory administrative liquidation. In particular, the decision focuses on the immediate appealability of partial distributions, clarifying the operational procedures to be followed and the applicable legal references. This article aims to analyze the main aspects of the judgment, making the understanding of the issues discussed accessible.

Partial Distributions and their Appealability

The Court, through the judgment under review, establishes that partial distributions within compulsory administrative liquidation are appealable. This principle is supported by the analogous application of the procedures provided for the final distribution, as outlined in Article 213, paragraph 3, of the bankruptcy law (l.fall.). This provision highlights that decisions on partial distributions can be challenged, thus offering protection to interested parties during the liquidation procedure.

Specific Appeal Procedures for Insurance Companies

Particular attention is given to the compulsory administrative liquidation of insurance companies. In this case, the appealability of partial distributions follows the procedures provided for by Articles 98 and 99 of the bankruptcy law, by virtue of the combined provisions of Articles 261, paragraph 3, and 254, paragraph 2, of Legislative Decree No. 209 of 2005. This clarification is crucial for operators in the insurance sector, who must follow specific procedures to challenge partial distributions.

• Legal references: Art. 213, paragraph 3, l.fall.
• Art. 98 and 99 l.fall. for insurance companies.
• Art. 261, paragraph 3, and 254, paragraph 2, Legislative Decree No. 209 of 2005.

Partial distributions - Immediate appealability - Existence - Procedures. In the context of compulsory administrative liquidation, partial distributions are appealable by applying the procedure provided for the final distribution by analogy, according to the modalities set out in Art. 213, paragraph 3, l.fall., while in the compulsory administrative liquidation of insurance companies, partial distributions are appealable according to the modalities provided for by Art. 98 and 99 l.fall., due to the combined provisions of Art. 261, paragraph 3, and 254, paragraph 2, of Legislative Decree No. 209 of 2005.

Conclusions

In conclusion, judgment No. 20862 of 2024 represents an important confirmation of case law regarding the appealability of partial distributions in compulsory administrative liquidation. The clarity of the legal provisions cited by the Court offers fundamental guidance for professionals in the sector, who must navigate a complex and dynamic regulatory context. Thanks to these indications, it is possible to ensure greater protection for interested parties, promoting a fairer application of liquidation rules.