In simplified composition proceedings, neither the auxiliary appointed by the Court pursuant to Article 25-sexies, paragraph three, of the Italian Code of Business Crisis and Insolvency (CCII), nor the liquidating commissioner appointed under the homologation decree, hold the status of necessary contradictors in appeal proceedings under Articles 25-sexies, paragraph six, and 247 of the CCII.
This was established by the Italian Court of Cassation in Order no. 881/2026. 881/2026.
Read the article by Avv. Cristina Biglia for Quotidiano Giuridico/Altalex (in Italian)