Commentary on Judgment No. 39680 of 2024: Precautionary Seizures and Protection of Third-Party Creditors

Judgment No. 39680 of September 10, 2024, represents an important reference point for understanding the dynamics concerning precautionary seizures and the protection of third-party creditors. In particular, the Court examined the issue of verifying third-party claims in relation to precautionary seizures ordered before the amendment of Article 12-sexies of Legislative Decree No. 306 of 1992, which occurred with Article 31 of Law No. 161 of 2017.

The Regulatory and Jurisprudential Context

The aforementioned legislative amendment extended the discipline provided by Title IV of Legislative Decree No. 159 of 2011 to confiscation for disproportionality and the precautionary seizure functional to it. However, the Court established that the verification of third-party claims must be carried out according to the principle of good faith, excluding the application of the anti-mafia code provisions concerning the protection of third parties and their relationship with insolvency proceedings.

• Good faith as a cornerstone principle in claim verification.
• Exclusion of anti-mafia regulations for seizures ordered before the amendment.
• Practical implications for third-party creditors and seizure proceedings.

The Ruling's Headnote

Protection of third-party creditors - Precautionary seizures ordered before the amendment of Article 12-sexies of Legislative Decree No. 306 of 1992 by Article 31 of Law No. 161 of 2017 - Principle of good faith - Applicability - Title IV of Legislative Decree No. 159 of 2011 - Applicability - Exclusion. The verification of a third party's claim in relation to precautionary seizures aimed at confiscation for disproportionality ordered prior to the amendment of Article 12-sexies, Legislative Decree of June 8, 1992, No. 306, converted, with amendments, by Law of August 7, 1992, No. 356, by Article 31 of Law of October 17, 2017, No. 161, which extended the discipline provided by Title IV of Legislative Decree of September 6, 2011, No. 159 to confiscation for disproportionality and the precautionary seizure functional to it, must be carried out according to the principle of good faith, without the aforementioned anti-mafia code provisions concerning the protection of third parties and their relationship with insolvency proceedings being applicable.

Conclusions

Judgment No. 39680 of 2024 offers a clear interpretation of the current legislation, emphasizing the importance of the principle of good faith in precautionary seizure proceedings. This decision not only provides useful guidance to professionals in the field but also contributes to ensuring greater protection for the rights of third-party creditors, reiterating that their position must be assessed carefully and without prejudice arising from regulations predating recent legislative changes. It is therefore crucial that parties involved in such proceedings are aware of these developments for the proper management of their legal positions.