Public works contracts, termination and reserves: two judgments, two answers
The issue arises from two judgments of the Court of Rome – Specialised Business Division, issued by differently composed panels, No. 14701/2023 and No. 15855/2023 (the parties subsequently reached a settlement in the appeal proceedings). Both were delivered in similar disputes concerning two different contracts for the construction of highly complex plants, between a public […]
Registration Tax and Taxpayer Rights: The Italian Supreme Court Extends the Standstill Period to Tax Assessment-Based Assessment Notices
Gran Gusto S.p.A., represented by Antonio Briguglio and Valeria Rossini, secured a favourable ruling from the Italian Supreme Court in litigation with the Italian Revenue Agency concerning registration tax. Following a tax audit carried out by the Italian Financial Police (Guardia di Finanza) at the company’s premises, the Italian Revenue Agency issued a tax assessment […]
Significant Success Before the Italian Supreme Court in Third-Party Attachment Proceedings
A major company, represented by Prof. Antonio Briguglio and Alessandra Siracusano, obtained a significant victory before the Italian Supreme Court in proceedings concerning third-party attachment (pignoramento presso terzi). Judgment No. 8478/2026 of 4 April 2026, issued by the Third Civil Division of the Italian Supreme Court, represents an important success for the attaching creditor and […]
The Italian Supreme Court Reaffirms the Concept of Scientia Decoctionis in Bankruptcy Claw-back Actions
Sicilia Regionale Marittima (Siremar), under extraordinary administration and led by Extraordinary Commissioners Stanislao Chimenti, Giulia Pusterla and Gerardo Longobardi, represented by Antonio Briguglio and Elena Vaccarella, obtained an important ruling before the First Civil Division of the Italian Supreme Court. By order published on 25 February 2026, the Court upheld the appeal brought by the […]
Press Reports as Evidence of Scientia Decoctionis in Bankruptcy Claw-back Actions
Cirio, under extraordinary administration and led by Extraordinary Commissioners Professors Luigi Farenga, Lucio Francario and Attilio Zimatore, represented by Professor Antonio Briguglio, obtained an important ruling before the First Civil Division of the Italian Supreme Court (Order No. 4233 of 25 February 2026), which quashed the appellate judgment rendered by the remand court on the […]
Infratel Italia S.p.A. obtains important judicial confirmation in litigation brought by Fastweb S.p.A.
Infratel Italia S.p.A. obtained an important judicial confirmation in the litigation brought by Fastweb S.p.A. before the Specialized Division for Business Matters of the Tribunal of first instance of Rome (Case No. 3733/2023, Judgment No. 2874/2026), with the court fully dismissing the claimant’s claims and ordering Fastweb to pay the legal costs. The company was […]
Proof of Debt in the Electricity Supply Sector
In its recent judgment No. 6992/2026, the Tribunal of first instance of Rome dismissed an opposition to a payment order brought by an energy trading company, confirming a claim exceeding €77 million in favour of an electricity Distribution System Operator (DSO). The Court held that invoices, while not constituting in themselves full proof of a […]
Provincial Surcharge on Electricity Excise Duty: Direct Order Against the Customs and Monopolies Agency to Refund the End User
By Judgment No. 834/2026, published on 18 January 2026, the Eleventh Civil Division of the Tribunal of first instance of Rome ordered the Italian Customs and Monopolies Agency (Agenzia delle Dogane e dei Monopoli – ADM), which had been joined to the proceedings by Enel Energia, to make a direct refund to the end user […]
Removal of Directors and Just Cause – Protection of Legitimate Expectations and Limits of Corporate Powers
In two parallel awards issued on 14 July 2025, the Sole Arbitrator appointed by the Milan Arbitration Chamber upheld the damages claims brought by two former directors of limited liability company who had been removed without cause following a change of control of the company itself. In the first case, the Arbitrator held that the […]
Significant Success Before the Italian Supreme Court in CONSOB Sanctions Proceedings
By order of 6 March 2025, the Italian Supreme Court upheld the appeal brought against Judgment No. 1644/2019 of the Court of Appeal of Rome, which had confirmed the administrative pecuniary sanction imposed by CONSOB against the appellant – represented by Prof. Antonio Briguglio, Bruno Lorenzo Cova and Francesca Petronio – for an alleged violation […]