Termination of a financial lease with transfer of ownership: Law No. 124 of 2017 does not apply retroactively

[Court of Genoa, Judgment No. 2263/2025 of 8.10.2025]

Cassinelli Studio Legale successfully represented a leading leasing company before the Court of Genoa in litigation brought by a commercial property user who, following termination of the contract for its own default, sought the return of the instalments paid.

Accepting the lessor’s arguments, the Court of Genoa held that, for the termination of a financial lease with transfer of ownership where the relevant events occurred before the entry into force of Law No. 124 of 2017, the provisions of Article 1526 of the Civil Code apply by analogy. Consequently, where such termination results from the user’s default, the principle of maintaining contractual balance entails that the user is entitled to the return of instalments paid only after returning the asset, since only after such return can the lessor derive further benefits from the asset and determine the equitable compensation owed for its use during the contract term.

The user company’s claims were therefore dismissed.

The leasing company was assisted by Nicola Cassinelli together with Lorenzo Porzio.