Court of Milan, order 3 November 2025

In arbitration proceedings brought by a shareholder for damages allegedly caused to the company by the sitting administrative body, there exists a conflict of interest between the company and the defendant director, such as to require the appointment by the state Court of a special curator pursuant to Articles 78 et seq. of the Code of Civil Procedure, given that the director cannot represent the company in proceedings in which he is called to answer personally for breach of the duties inherent in his office.