Italy Update: Unfair lending

Civil Cassation, sec. I, June 30, 2021, n. 18610. Pres. Genoese. East. Nazzicone

With the judgment in comment, the Court of Cassation has specified that the abusive granting of credit integrates an offense of the lender who can be sentenced to compensation for damages if, not having adopted a shrewd management, his conduct has determined the aggravation of the failure, favored by the continuation of the business activity. Consequently, the Supreme Court has ruled that the conduct of the bank that has assumed a not unreasonable risk, acting with the objective of corporate recovery and has granted credit to a company deemed able, on the basis of an ex anteassessment, to overcome the crisis, does not integrate abusive disbursement of credit.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

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