Bankruptcy Procedures, Reasonable Duration, Judgment No. 23982_2017, Supreme Court of Cassation, standard of the European Court of Human Rights

Bankruptcy Procedures, Reasonable Duration of the Process, Judgment No. 23982_ 2017, Supreme Court of Cassation, Sec. Civil 2, publication of 12/10/2017

Essential lines of the topic

In terms of fair compensation for the violation of the reasonable time limit of the trial, pursuant to art. 2, second paragraph, of the law n. 89 of 2001, the duration of bankruptcy proceedings, according to the standard derived from the rulings of the European Court of Human Rights, is five years in the case of medium complexity and, in any case, for those that are highly complex – due to the number of creditors, particular nature or legal status of assets to be liquidated (corporate holdings, undivided assets, etc.), proliferation of related judgments or of the plurality of interdependent bankruptcy proceedings – can not exceed the total duration of seven years (Box No. 8468 / 12, conforming, No. 9254/12).

Source Supreme Court of Cassation