With judgment no. 237/2026, published on 22 January 2026, the Court of Genoa fully upheld the arguments advanced by Cassinelli Studio Legale on behalf of a leading national bank. The Court addressed whether guarantees drafted using the ABI standard forms should be considered wholly or partially null. It held that the nullity of the clause derogating from the six-month term under Article 1957 of the Italian Civil Code does not extend to the entire guarantee unless it is proven that the contract would not have been concluded without that clause.
The Court also recognised that extra-judicial notices are suitable to comply with the deadline under Article 1957, rejecting the counterparty’s objection of forfeiture. At the end of the proceedings, the Court dismissed all remaining challenges concerning the management of the underlying relationship and upheld all claims asserted by the bank represented by Cassinelli Studio Legale, with Nicola Cassinelli and Matteo Boccardo.