Arbitral Digest

Matter

Fallimento del Gruppo Sarplast S.p.A. v Shell International Trading and Shipping Company Limited (Italian Court of Cassation, Case No. 1689/2016)

  1. 22 July 2015Italy

    22 July 2015Italy

    Judgment No. 1284/2015 of the Catania Court of Appeal dated 22 July 2015

    Catania Court of Appeal

    Decision summary
    The Catania Court of Appeal allowed Shell's appeal and rejected the bankruptcy estate's claim seeking a declaration that payments totalling EUR 221,474.47 were ineffective. It treated payments for supplies made during the concordato procedure as acts of ordinary administration supporting the continued business, for which prior authorization was not required.

    Supporting details

    2 participants
    Fallimento del Gruppo Sarplast S.p.A.
    Shell International Trading and Shipping Company Limited
    Catania Court of Appeal

    8 years and 5 months later · 3075 days

  2. 22 December 2023Italy

    22 December 2023Italy

    Order No. 35794/2023 of the Italian Court of Cassation in case No. 1689/2016 dated 22 December 2023

    Italian Court of Cassation

    Case no.
    1689/2016
    Decision summary
    The Court rejected the Fallimento del Gruppo Sarplast's main appeal, declared the first ground of Shell's incidental appeal inadmissible, and held the second ground absorbed. It upheld the treatment of EUR 221,474.47 in challenged payments for supplies during the concordato procedure as acts of ordinary administration supporting the debtor's continued business, which did not require authorization under Article 167 of the Italian Bankruptcy Law and were not ineffective. It allocated one-third of the proceedings' costs to each party and charged the remaining two-thirds to the principal appellant, assessed at EUR 5,130 plus stated charges.

    Supporting details

    8 authorities · 5 participants
    Fallimento del Gruppo Sarplast S.p.A.
    Representative
    Antonio Mirone (For: Fallimento del Gruppo Sarplast S.p.A.)
    Shell International Trading and Shipping Company Limited
    Representative
    Filippo Bruno (For: Shell International Trading and Shipping Company Limited)
    Italian Court of Cassation

    Authorities cited

    8
    • Italian Bankruptcy Law, Articles 44, 67, 167 and 168
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958, Article 2
      treaty
    • Italian Law No. 62/1968
      statute
    • Italian Civil Code, Articles 1399, 2829 and 2943
      statute
    • Italian Code of Civil Procedure, Articles 112, 115 and 116
      statute
    • Italian Code of Civil Procedure, Article 360(1)(3)
      statute
    • Cass. 578/2077
      case-law
    • Italian Presidential Decree No. 115/2002, Article 13(1-quater)
      statute

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Fallimento del Gruppo Sarplast S.p.A. v Shell International Trading and Shipping Company Limited (Italian Court of Cassation, Case No. 1689/2016) · Matter