With order no. 19790/2026, the Supreme Court excludes the applicability of the tax and social security cram-down to composition with creditors involving business continuity under the regime prior to the Correttivo ter, clarifying that the reference in Article 88(2-bis) CCII to the percentages under Article 109(1) concerns only liquidation-based compositions.
Read the article by Cristina Biglia for Quotidiano Giuridico/Altalex (PDF)
