With Ordinance no. 18610 of June 30, 2021, the Court of Cassation ruled that the granting of credit that can be qualified as “abusive”, insofar as it is carried out with intent or gross negligence, to a company that appears to be in a situation of economic-financial difficulty and in the absence of concrete prospects of overcoming the crisis, constitutes an offence on the part of the funder, due to his failure to comply with his primary duties of prudent management, which obliges him to pay compensation for damages, if the worsening of the crisis encouraged by the continuation of the company’s business activity comes about. In this hypothesis, the insolvency administrator has the legitimacy to act against the bank.
Responsibility of the bank for granting credit to a company in crisis and the active legitimacy of the insolvency administrator for the reintegration of the bankrupt’s assets
