sentenza
No. 2066
Year: 2026

Court of Naples, 9 February 2026, No. 2066

⚖️ Tribunale di Napoli
📅

Legal Principle

A dispute concerning the challenge to the resolution approving the financial statements of a company on the ground of failure to satisfy the requirements of truth, clarity, and accuracy is not capable of being submitted to arbitration, since the provisions designed to safeguard those principles, notwithstanding that time limits for challenge are prescribed with the consequence that nullity may be cured, are mandatory in nature and relate to rights that are not at the parties' disposal, being enacted not only for the protection of the interest of the individual shareholder in being informed about the conduct of the company's management, but also for the protection of the reliance of all persons who enter into dealings with the company and who are entitled to know the financial and economic position of the entity, thereby transcending the individual interest.

Methodological Notes

standard

How to cite

Tribunale di Napoli, 09/02/2026, n. 2066, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-naples-9-february-2026-no-2066-1774871929-9613/