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Case C-713/22, LivaNova: Judgment of the Court (Grand Chamber) of 29 July 2024 (request for a preliminary ruling from the Corte suprema di cassazione – Italy) – LivaNova plc v Ministero dell’Economia e delle Finanze, Ministero dell’Ambiente e della Tutela del Territorio e del Mare, Presidenza dei Consiglio dei Ministri (Reference for a preliminary ruling – Companies – Divisions of public limited liability companies – Sixth Directive 82/891/EEC – Article 3(3)(b) – Division by the formation of new companies – Concept of liability … not allocated by the draft terms of division – Joint and several liability of those new companies for liabilities resulting from the conduct of the company being divided prior to that division)
ECLI:EU:UNKNOWN:62022CA0713
62022CA0713
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Official Journal of the European Union
C series
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C/2024/5595
30.9.2024
(Case C-713/22,
LivaNova)
(Reference for a preliminary ruling - Companies - Divisions of public limited liability companies - Sixth Directive 82/891/EEC - Article 3(3)(b) - Division by the formation of new companies - Concept of ‘liability … not allocated by the draft terms of division’ - Joint and several liability of those new companies for liabilities resulting from the conduct of the company being divided prior to that division)
(C/2024/5595)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: LivaNova plc
Respondents: Ministero dell’Economia e delle Finanze, Ministero dell’Ambiente e della Tutela del Territorio e del Mare, Presidenza dei Consiglio dei Ministri
Intervener: SNIA SpA
Operative part of the judgment
Article 3(3)(b) of Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54(3)(g) of the [EEC] Treaty, concerning the division of public limited liability companies
must be interpreted as meaning that the rule on the joint and several liability of recipient companies laid down in that provision applies not only to defined liabilities, not allocated by the draft terms of division, but also to undefined liabilities such as the costs of clean-up and environmental damage, which were established, evaluated or consolidated subsequent to the division concerned in so far as they result from conduct of the company being divided prior to the division.
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ELI: http://data.europa.eu/eli/C/2024/5595/oj
ISSN 1977-091X (electronic edition)
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