Italian Supreme Court: on the admissibility of the application for access to concordato minore filed by a deregistered entrepreneur

By judgment No. 20141/2026, published on 16 June 2026, the Italian Supreme Court ruled on the admissibility of the application for access to concordato minore filed by an entrepreneur deregistered from the companies register, clarifying the scope of application of Article 33, paragraph 4, of the Code of Business Crisis and Insolvency (the “CCII”).

The Supreme Court affirmed the principle whereby the application for access to concordato minore filed by an entrepreneur already deregistered from the companies register must be deemed inadmissible in any event, irrespective of whether the entrepreneur concerned is an individual or a collective entrepreneur and regardless of the liquidation or continuity nature of the composition proposal.

According to the Italian Supreme Court, deregistration from the companies register constitutes an expression of the entrepreneur’s intention to cease its business activities definitively and therefore precludes any recourse to crisis resolution instruments aimed at the restructuring of the business. The Court further specified that the literal wording of Article 33, paragraph 4, CCII does not permit the introduction of distinctions not provided for by the legislator between individual and collective entrepreneurs or between liquidation-based and continuity-based composition with creditors.

To access the decision, click here.