Sub-carrier’s legal action and bankruptcy

By Judgement issued on 28th September 2015, the Civil Court of Turin held that Article no. 7-ter of Legislative Decree no. 286/2005 – concerning the sub-carrier’s legal action direct against the other companies involved in the transport operation – can be applied only among parties financially sound. In particular, the Court clarified that – in case of bankruptcy – the special rules provided for by the Bankruptcy Act must be applied, the said rules being based on the fundamental principle that all creditors must be subject to equal conditions (“par condicio creditorum”).