GPD with attorneys prof. Andrea Gemma, Elisabetta Mattozzi and Alessia Salamone – and attorney Claudio Giammarino – wins at the Milan Business Court obtaining the rejection of the seizure request.
The matter, which is rather complex, was decided by means of an articulated order by which the Panel assessed as unfounded the challenge of nullity of the pledge agreement for violation of the prohibition on pactum commissorium, taking into account that the guarantee did not produce the substantial effect of transferring ownership of the pledged asset to the debtor.
Furthermore, the Court rejected the claim ex art. 2793 c.c. for the absence of any abusive profile in the exercise by the company of the rights of pledgee creditor, given that no deadline is established for the sale of the pledged asset.
