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New Rules on Concordato Preventivo (Composition with Creditors) in Italian Law and their Repercussions on Aviation Claims

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Chapter Summary

This chapter presents an analysis of the slew of measures employed by the Mario Monti government, focusing on their implications for the air transport sector. It examines whether passengers can be defined as a 'necessary component' for the purposes of the business of an air carrier. In view of the severe economic conditions, the government headed by Mario Monti expanded the range of protective measures for the firms in difficulty by approving the 'Decreto Sviluppo'. The government considered it necessary to integrate the old regulatory framework for bankruptcy and in particular, the so-called recovery tools, in order to avoid the bankruptcy of firms in crisis and in an effort to keep them afloat. In particular, regarding claw back actions, the Supreme Court has recognized Italian jurisdiction pursuant to Article 24 of the Bankruptcy Law and Article 20 of the Code of Civil Procedure as the criteria of internal territorial jurisdiction.

Keywords: air transport sector; Article 24 of the Bankruptcy Law; Code of Civil Procedure; Decreto Sviluppo; Mario Monti government; Supreme Court



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