Financial litigation, National Consolidation, Assessment with first level acceptance by the Consolidated, Effects on the Responsibility of the Consolidating Company, Court of Cassation, V Section. Trib., Judg. n. 30348 of 11/21/2019

NATIONAL CONSOLIDATE – ASSESSMENT WITH FIRST LEVEL MEMBERSHIP BY THE CONSOLIDATE – EFFECTS ON THE LIABILITY OF THE CONSOLIDANT WHO DID NOT PARTICIPATE IN THE PROCEDURE FOR MEMBERSHIP OR FORGED THE NOTICE OF ACCORDING TO THE SECOND LEVEL FINAL DEFINITION – DISCIPLINE IN FRONT OF THE INTRODUCTION OF THE ART. 40-BIS D.P.R. N. 600 OF 1973 AND OF THE ART. 9-BIS OF LEGISLATIVE DECREE NO. N. 218 OF 1997.

The financial section of this Court established that, in the event of national consolidation, the assessment with first level acceptance of the consolidated company, according to the rules prior to the introduction, with the legislative decree n. 78 of 2010, conv. from l. n. 122 of 2010, of the 40-bis d.P.R. n. 600 of 1973 and of the art. 9-bis of Legislative Decree no. 218 of 1997, produces effects on the responsibility of the consolidating party that has not participated in the accession procedure, nor has it challenged the second level assessment notice, which has therefore become definitive, when the latter declares, in any form, that it wishes to take advantage of it, finding application of the discipline pursuant to art. 1304, paragraph 1, of the Italian Civil Code, while the finality of the second-level assessment remains indifferent.

11/25/2019

Source Supreme Court of Cassation