27.8.2018

Official Journal of the European Union

C 301/15

(Case C-394/18)

(2018/C 301/21)

Language of the case: Italian

Referring court

Parties to the main proceedings

Appellant: I.G.I. Srl

Respondents: Maria Grazia Cicenia, Mario Di Pierro, Salvatore de Vito, Antonio Raffaele

Questions referred

1.Can the creditors of the company being divided, whose credit interests antedate the division, who have not taken advantage of the remedy of lodging an objection under Article 2503 of the Civil Code (and therefore of the protection tool introduced in implementation of Article 12 of [Directive 82/891/EEC]), (1) use an action to set aside under Article 2901 of the Civil Code after the division has been implemented, in order to obtain a declaration that the division in question has no effect against them and, therefore, to take precedence in enforcement over the creditors of the recipient company or companies and to be placed in a preferential position before the shareholders of those companies?

2.Does the notion of nullity, provided for by Article 19 of the directive, refer only to actions affecting the validity of the instrument of division or also to actions which, despite not affecting its validity, result in its relative lack of effect or unenforceability?

(1) Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54(3)(g) of the Treaty, concerning the division of public limited liability companies (OJ 1982 L 378, p. 47).