Based on Supreme Court judgment No. 31744 of 15 November 2023, the Party-appointed technical consultant cannot plead the invalidity of the technical report on the grounds that the Court-appointed technical consultant has used unauthorized documents. However, it is to be noted that this objection can be made, pursuant to art. 157, paragraph 2 c.p.c. either […]
Author Archives: Rita Franceschelli
02
Aug
Aug
The coexistence of main and secondary proceedings has given rise to numerous practical difficulties related mainly to the correct identification of the COMI, since the possibility that more than one State may consider itself competent to open the main procedure is not remote. Thus, the need arose to find a solution that did not involve […]
Updates
Article 36 of Regulation 2015/848: Crisis and insolvency ‘Negotiation law’: synthetic secondary proceedings
30
May
May
ARTICLE 36 OF REGULATION 2015/848: CRISIS AND INSOLVENCY[1] ‘NEGOTIATION LAW‘: SYNTHETIC SECONDARY PROCEEDINGS. Article 36 of Regulation 2015/848 represents an important innovation in insolvency proceedings as its enforcement may have the effect of avoiding the opening of secondary proceedings. According to such an Article, the insolvency practitioner in the main proceedings may give an undertaking […]