Court of Palermo, 1 November 2025, No. 4296
Legal Principle
The arbitration clause contained in the articles of association of a cooperative, which refers to arbitrators disputes between members or between members and the company concerning available rights relating to the membership relationship, is also applicable to the challenge of a resolution excluding a member, given the available nature of the rights underlying such resolution.
In challenging the resolution excluding a worker-member of a cooperative based on distinct and autonomous grounds compared to those of the previous dismissal, the prohibition on referring employment disputes to arbitrators under Article 806 of the Code of Civil Procedure does not apply, as there is no reinstatement protection but only compensatory relief according to ordinary criteria.
Methodological Notes
standard