Interest and monetary revaluation on non-privileged claims in the compulsory administrative liquidation20 July 2021
Insolvency revocation of anomalous invoice advance transactions in current accounts20 July 2021
Italian Supreme Court, Civil sec. I, Order no. 19186/21; lodged on 06/07/2021; the Court stated that, on the subject of advances on bank receipts settled in a current account with authority to collect, it is up to the principal bank to prove that it has performed the contract in good faith and that any failure to collect the amount due by a third party is due to causes not attributable to it, with the consequence that, “should the account holder and the agent to the receivership procedure admit it at a time subsequent to the disbursement of the advance, the principal bank would be obliged to pay to the procedure the amounts for which it cannot demonstrate that failure to collect is not attributable to its conduct”.