Court of Naples, order of 16 June 2026 (R.G. 00021975/2025)

The statutory provision granting the shareholder the right to apply to the court under Article 2473 of the Civil Code for the valuation of the shareholding does not constitute an exception to the arbitral jurisdiction provided for by the articles of association for disputes between shareholders and the company, but merely procedural steps for the valuation process.
An interim measure granted by the ordinary court is destined to become ineffective upon a declaration of lack of jurisdiction in favour of the arbitrators, pursuant to Article 669-novies of the Code of Civil Procedure.