By judgment no. 2526/2025, published on 18 November 2025, the Court of Genoa – upholding the arguments put forward by Cassinelli Studio Legale on behalf of a major company operating in the domestic banking sector – ruled out the applicability of consumer protection rules invoked by the guarantors, since they held positions within the financed company and the guarantee was linked to that company’s business.
As regards the pleas of invalidity based on antitrust law, the Court found only the clause derogating from the time‑limit laid down by Article 1957 of the Civil Code to be void, but without any release from liability, as a timely demand for payment had been served on the guarantors and was regarded as sufficient in line with the case‑law holding that “an out‑of‑court demand is also sufficient”.
Having rejected the remaining challenges concerning the management of the relationship, the Court fully upheld the financial institution’s claims. The company was represented by Cassinelli Studio Legale, with Nicola Cassinelli and Matteo Boccardo.