The Court of Milan has ruled in favour of the possibility, for the parties, to obtain as a precautionary measure a ruling that prevents the shareholder from conduct in conflict with the negotiating structure contained in the shareholders’ agreement entered into with the other shareholders, thus preventing its probable breach.
By decree dated 9 October 2022, the Court of Milan upheld an interim injunction pursuant to Article 700 of the Italian Code of Civil Procedure filed by a shareholder, thus admitting the injunctive remedy in respect of shareholders’ agreements: although not very recent, this decision is particularly interesting as it addresses the relevant issue – connected to the efficacy of the agreements – concerning the possible protection that jurisprudence grants to the parties to the agreement in the event of non-performance of such agreements. Read more
