Published on «Quotidiano del Lavoro – Il Sole 24 Ore» March 26th, 2021 – Marco Tesoro

For the purposes of the application of article 2112 of the Italian Civil Code, at the time of the transfer the part of the undertaking to be transferred must keep the capacity to carry out, by its own means, the function performed for the transferor and as such must be identified by transferor and transferee.
Those, in summary, are the principles set out by the Court of Cassation in its judgment no. 7364/2021.
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