Il controllo giudiziale nella fase di apertura del concordato preventivo riformato con un cenno “al prima e al dopo”

[Machine translation] The contribution examines judicial review in the reformed preventive composition, with a focus on the opening phase pursuant to art. 47 CCII and references to priority treatment (art. 7 CCII) and approval (art. 112 CCII). The analysis delimits the scope of the court's audits, distinguishing between liquidatory and continuous composition, and discusses the orientation towards predominantly “negative” control, referring to the creditors the prognostic assessments of the feasibility of the plan. Some systematic choices (eligibility/rituality) are also explored, the verification of the correct formation of classes and the intensity of control after the reforms. In closing, various application profiles are covered: plan integrations and documents, (non) modifiability of the certificate alone, re-submission of the application and procedural issues, including the appealability of the measures.