CNC e denuncia “ostile” ex art. 2409 c.c.: la “doverosa prudenza” del giudice societario

[Machine translation] The decree in question is of particular interest because, apparently, it is the first to have ruled on the relationship (not expressly regulated) between the negotiated settlement of the crisis and the complaint of serious management irregularities, inviting the Courts referred to in accordance with art. 2409 of the Italian Civil Code to evaluate with extreme prudence the existence of the conditions for intervening in the “interna corporis” of the company pending the chamber process. The note will try to enrich the (succinct, but) impeccable motivation with some additional food for thought and to offer a supplementary vademecum of the recently updated Rules of Conduct of the Board of Statutory Auditors.