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 extraordinary administration and quashed the judgment of the Rome Court of Appeal, which had excluded proof of scientia decoctionis in relation to a payment subject to a claw-back action under Article 67(2) of the Italian Bankruptcy Law, which remained applicable to the case.
The Supreme Court reaffirmed that, for the purposes of a claw-back action, what matters is the recipient’s knowledge of the debtor’s state of insolvency, whereas any confidence in the debtor’s future recovery or in possible legislative support measures is legally irrelevant.
From an evidentiary perspective, the Court also reiterated the correct approach to the assessment of factual presumptions: the trial court must first examine each item of evidence individually and then assess the evidentiary framework as a whole.